[HISTORY: Adopted by the Township Committee of the Township of Harrison as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-2-2021 by Ord. No. 21-2021]
A certificate transfer occupancy or certificate transfer ownership ("certificate") shall hereinafter be required for human occupancy of all existing residential and commercial units in the Township of Harrison before a change in occupancy of any such unit may commence.
The International Property Maintenance Code, 2021, and as subsequently amended and revised, is hereby accepted, adopted and established as standards to be used as a guide in determining the fitness of a building or structure for human habitation or occupancy. Copies of the International Property Maintenance Code, 2021, and as subsequently amended and revised, have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
As used in this chapter, the following terms shall have the meanings indicated:
EXISTING COMMERCIAL UNIT
Any building used as a place of business and intended for human occupancy.
EXISTING RESIDENTIAL UNIT
Any building or structure presently used or used hereafter for habitation by any human beings, whether the same is occupied or to be occupied by an owner or tenant or occupied on any other basis.
No person shall occupy any building or dwelling as owner or occupant, or rent to another person(s) for occupancy, which does not conform to the provisions of the International Property Maintenance Code, 2021, and as subsequently amended and revised, and established hereby as the standards to be used in determining whether a building or dwelling is safe, sanitary and fit for human habitation.
The certificate transfer occupancy or certificate transfer ownership required herein does not repeal or amend requirements for other certificates heretofore provided for by ordinances of this Township or statutes of the State of New Jersey.
A. 
Application for a certificate transfer occupancy or certificate transfer ownership shall be made to the Construction Code Official of the Township, or his/her designee, on a form provided by said Construction Code Official.
B. 
The Construction Code Official, or his/her designee, shall thereupon cause inspection to be made of the subject residential or commercial unit to determine if such unit is fit for human occupation and meets all the requirements of the current International Property Maintenance Code and Uniform Fire Code as enforced by the Township Fire Official or its designee.
As a condition to the issuance of a certificate transfer ownership or certificate transfer occupancy, each dwelling unit shall comply with N.J.A.C. 5:70-2.3 to obtain a certificate of smoke alarm, carbon monoxide alarm and portable fire extinguisher compliance.
[Amended 10-18-2021 by Ord. No. 24-2021]
As a condition to the issuance of certificate transfer occupancy or certificate transfer ownership, the owner, purchaser, lessor, lessee or occupant of each residential or commercial unit shall provide to the Code Official 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. The certificate or report of the inspection and satisfactory results shall be completed within 60 days of the date of application for a certificate transfer occupancy or certificate transfer ownership. If the Gloucester County Department of Health and Human Services issues a letter indicating that the septic system has noncompliant components, however, is functioning properly, a temporary certificate transfer occupancy or temporary certificate transfer ownership shall be issued for 180 days. A certificate transfer occupancy or certificate transfer ownership shall issue once the noncompliant components are repaired, remediated and/or replaced and the Gloucester County Department of Health and Human Services determines the septic system is compliant. If a New Jersey licensed independent inspection company and/or the Gloucester County Department of Health and Human Services determines that the septic system is not properly functioning, then no certificate transfer occupancy or certificate transfer ownership (including temporary) shall issue until the Gloucester County Department of Health and Human Services determines that the septic system has been repaired or replaced and is functioning properly in accordance with N.J.A.C. 7:9a-1.1 et seq.
The owner/landlord, or its agent, of each unit subject to this chapter is hereby charged with the responsibility for making written application to the Construction Code Official for a certificate transfer occupancy or certificate transfer ownership. In the event that a change of occupancy is also accompanied by a change of ownership, the buyer may waive the seller's responsibility and assume the same; provided, 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 the certificate transfer occupancy or certificate transfer ownership pursuant to this chapter within 90 calendar days of the date of waiver, and provided further that such written waiver shall be filed with the Construction Code Official, or his/her designee. Occupancy is prohibited until the certificate is issued.
A. 
Application to the Construction Code Office shall be accompanied by a fee of $100. An expedited fee in the sum of $150 shall accompany the application for any inspection request within 10 business days of the application date. The fees include the first reinspection.
B. 
The Construction Code Official or his representative shall, within 10 business days of the receipt of a fully completed application for a certificate transfer occupancy or certificate transfer ownership and the accompanying fee pursuant to this chapter, make such inspections as are required hereinabove and, upon determining that the requirements above have been completed, issue a certificate transfer occupancy or certificate transfer ownership.
C. 
If, upon the inspection or inspections aforesaid, the Construction Code Official or his representative finds the subject unit is not in compliance or violations exist, said Official or his representative shall thereupon, and within the said 10 business days, notify the applicant in writing of such noncompliance, specifically setting forth the violation or violations which require correction.
D. 
Upon correction of the violations, the applicant shall notify the Construction Code Official in writing and shall submit a reinspection fee of $50 (second and each subsequent reinspection) with such notification whereupon the Construction Code Official or his representative shall reinspect the subject unit upon receipt of such notification and reinspection fee. This procedure shall be followed until all violations have been corrected or abated, at which time a certificate transfer occupancy or certificate transfer ownership shall be issued.
E. 
Temporary certificate transfer ownership or temporary certificate transfer occupancy. The Construction Code Official may grant a temporary certificate based on extraordinary circumstances, as determined in the sole discretion of the Code Official. The temporary certificate may only issue after an initial inspection has been conducted which identifies the deficiencies or violations. The temporary certificate may be granted by the Code Official or his/her designee for a period not to exceed 90 calendar days. Prior to the end of the extension period all conditions must be met, or the temporary certificate shall be revoked and occupancy shall be vacated and prohibited.
F. 
A certificate transfer occupancy or certificate transfer ownership shall be valid for 90 days from the date of issuance. If transfer of occupancy or ownership does not occur within 90 days of the issuance of the certificate, the certificate shall expire and the applicant must reapply for a new certificate.
[Added 9-20-2021 by Ord. No. 23-2021]
Any person who shall violate any of the terms or provisions of this chapter or shall commit or do any act or thing prohibited by the terms of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. Offenses on separate days shall be deemed to be separate offenses, so that a continued violation from day to day shall be construed to be a new violation for each day such violation occurs.
[Adopted 12-5-2022 by Ord. No. 41-2022]
The owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards no later than July 22, 2024, or upon tenant turnover, whichever is earlier.
After the initial inspection required by § 91-12, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437 .1 et seq. and N.J.S.A. 55:13A-1 et seq., as may be amended from time to time.
A dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards, or for the fees for such inspection or evaluation, if the unit:
A. 
Has been certified to be free of lead-based paint;
B. 
Was constructed during or after 1978;
C. 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations form the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1 et seq.;
D. 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals; or
E. 
Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2).
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Township Code Enforcement Officer or designee, as may be applicable, or the owner's private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the Township Code Enforcement Officer or designee or the owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years and shall be filed with the Township's Code Enforcement Officer. The Township Code Enforcement Officer shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover and a record of all lead-free certifications issued pursuant to N.J.A.C. 5:17.
In accordance with N.J.S.A. 52:27D-437.16(e) and commencing on the effective date of this Article, property owners shall:
A. 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Township of Harrison at the time of the cyclical inspection.
B. 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease.
C. 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy.
A. 
Notwithstanding any other fees due pursuant to this article, a fee in the amount of $200 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this article and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 91-12, in which case no additional lead-based paint inspection fee shall be paid.
B. 
The fee for the filing of a lead-safe certification or lead-free certification shall be $50.
C. 
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
D. 
In addition to the fees charged above for lead hazard inspection, the Township shall assess an additional fee of $20 per unit inspected by a certified lead evaluation contractor or local officer for the purposes of the "Lead Hazard Control Assistance Act," P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.1 et al.) concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20 pursuant to the provisions of section 10 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.10). In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this subsection shall be deposited into the "Lead Hazard Control Assistance Fund" established pursuant to section 4 of P.L. 2003, c. 311 (N.J.S.A. 52:27D-437.4).
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of this article shall be as follows:
A. 
If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
B. 
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.