[Amended 2-14-1983 by Ord. No. 993; 6-23-1986 by Ord. No.
1068; 8-28-1996 by Ord. No. 1276]
No building or structure hereafter erected,
altered, changed in tenancy, use or ownership and no land shall be
used or occupied in whole or in part until a form of certificate of
occupancy shall have been issued by the Construction Official to ensure
compliance with the requirements for the construction, alteration
and adequate maintenance of buildings and structures as mandated by
the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.,
as amended), the Code of the Borough of Glen Rock and all other applicable
municipal, state and federal laws and regulations in order to protect
the life, health, safety and welfare of the people of the Borough
of Glen Rock.
A.
Newly constructed or altered building structure. No
building or structure shall be used or occupied in whole or in part
until a certificate of occupancy has been issued by the Construction
Official pursuant to the New Jersey Uniform Construction Code (N.J.A.C.
5:23-1 et seq., as amended).
B.
Existing building or structure; change of ownership,
tenancy or reoccupancy.
(1)
Commercial use. Upon request of the owner or his or
her authorized agent, the Construction Official, with the approval
of the subcode officials, Fire Prevention Official, Property Maintenance
Official and Zoning Official shall issue a certificate of continued
occupancy pursuant to the New Jersey Uniform Construction Code (N.J.A.C.
5:23-1 et seq., as amended), provided that there are no violations
of law or orders of the Construction Official, Fire Prevention Official,
Property Maintenance Official and Zoning Official pending and it is
established after site inspection and investigation of available municipal
records that the alleged use of the building or structure has lawfully
existed. The certificate of continued occupancy shall evidence only
that a general inspection of the visible parts of the building or
structure has been made and that no violations of N.J.A.C. 5:23-2.14,
as amended (Construction Permits When Required), and N.J.A.C. 5:23-2.28,
as amended (Required Inspections),[1] have been determined to exist, no conditions in violation
of N.J.A.C. 5:23-2.32, as amended (Unsafe Structures), or unsafe conditions
have been observed and no violations of the Fire Prevention Bureau
and the ordinances of the Borough of Glen Rock have been found to
exist.
[1]
Editor's Note: See N.J.A.C. 5:23-2.18, Inspections.
(2)
Residential use. Upon request of the owner or his
or her authorized agent, the Construction Official, with the approval
of the Building Inspector, Property Maintenance and Zoning Official,
shall issue a residential certificate of continued occupancy, provided
that there are no violations of law or orders of the Construction
Official, Property Maintenance Official and Zoning Official pending
and it is established after site inspection and investigation of available
municipal records that the alleged use of the building or structure
has lawfully existed. The certificate shall evidence only that a general
inspection of the visible parts of the building or structure has been
made and that no violations of N.J.A.C. 5:23-2.14, as amended (Construction
Permits When Required), and N.J.A.C. 5:23-2.18, as amended (Required
Inspections), have been determined to exist, no conditions in violation
of N.J.A.C. 5:23-2.32, as amended (Unsafe Structures), or unsafe conditions
have been observed and no violations of the Code of the Borough of
Glen Rock have been found to exist.
(3)
Mixed commercial/residential use. In the case of a
building or structure which contains a portion or portions of both
residential and commercial use, the following shall apply:
(a)
Change of ownership. Requirements shall be applied
according to the area's specific use, and the application requirements
shall be as in a commercial use.
(b)
Change in tenancy or reoccupancy requirements
shall be applied according to the area's specific use, and application
requirements shall be the same as for the specific use.
(4)
Change in use. It shall be unlawful to make a change
in use of any building or structure which would subject it to any
special provision of the New Jersey Uniform Construction Code (N.J.A.C.
5:23-2 et seq., as amended) or would be in violation of the ordinances
of the Borough of Glen Rock without first obtaining all required prior
approvals and applying for and having been issued a certificate of
occupancy in accordance with this article and any other applicable
law, ordinance or regulation prior to occupancy and use.
C.
Temporary certificate of occupancy. A temporary certificate
of occupancy may be issued for a building, structure or part thereof
listing conditions and a reasonable compliance period, provided that
such portion or portions to be occupied prior to full compliance,
provided that there is no endangerment to life, health, safety and
welfare; and further provided that required utilities, including but
not limited to water, sewer, electric and gas, are installed and in
service and safety signaling devices are installed and operable. The
owner, purchaser and tenant, where applicable, shall be jointly and
severally liable and responsible for correcting all violations within
the time established by the Construction Official. A binding agreement
between parties and a posting of a performance bond to ensure the
completion of the work pursuant to this and other applicable ordinances
and laws may be required to be submitted for review and approval as
a condition prior to the issuing of the certificate.
D.
Noncompliance certificate. A noncompliance certificate
may be issued allowing the transfer of ownership, sale or lease of
a premises, structure or property with the conditions that said premises,
structure or property is not to be used or occupied until all violations
as noted have been corrected and a certificate of occupancy has been
issued.
A.
Newly constructed, altered building or structure of
change of use. A written application for a certificate of continued
occupancy, together with the applicable filing fee, shall be filed
with the enforcing agency by the owner or his or her authorized agent
pursuant to the requirements of the Uniform Construction Code (N.J.A.C.
5:23-1 et seq., as amended) and § 230-95B(4) of this article.
B.
Existing commercial building or structure. A written
application for a commercial certificate of continued occupancy shall
be filed with the enforcing agency a minimum of 30 days prior to a
change of ownership, occupancy, tenancy or use by the owner or his
or her authorized agent pursuant to the requirements of the New Jersey
Uniform Construction Code (N.J.A.C. 5:23-1 et seq., as amended), together
with the required fee as set by Borough ordinance.[1] A mixed residential and commercial use building or structure
shall be subject to the requirements and application procedures specified
in § 230-95B(3)(a) and (b) of this article.
C.
Existing residential building or structure. A written
application for a residential certificate of continued occupancy shall
be filed a minimum of 30 days prior to a change of ownership, occupancy,
tenancy or use by the owner or his or her authorized agent and shall
consist of a form provided by the Borough of Glen Rock and shall be
submitted with the applicable filing fee as set by Borough ordinance.[2]
[Amended 2-26-1997 by Ord. No. 1285; 11-9-1998 by Ord. No.
1309]
A.
A complete application and the required fee shall
be submitted to the enforcing agency a minimum of 30 days prior to
a change of ownership, tenancy, occupancy or use.
B.
A residential building or structure and all dwelling
units shall also comply with the following requirements prior to the
issuing of a certificate of continued occupancy:
(1)
Battery-operated smoke detectors.
(a)
Battery-operated smoke detectors shall be approved
and listed by a recognized agency and installed in accordance with
the manufacturer's instructions at each of the following locations:
(b)
Exception: In dwelling units with split levels without an intervening door between adjacent levels, for the purposes of Subsection B(1)(a)[3] only, one smoke detector on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(2)
Carbon monoxide detector. A battery-operated, hardwire
or plug-in carbon monoxide detector is required to be installed, in
accordance with the manufacturer's specifications or instructions,
in each residential dwelling.
[Added 12-30-2002 by Ord. No. 1425]
C.
Permits and inspection required.
(1)
Unless required by a New Jersey Department of Community
Affairs policy or regulation, abandoned fuel oil tanks not covered
by a previously issued permit or a currently issued permit are not
required to be decommissioned per the New Jersey Uniform Construction
Code. The Code Enforcement Bureau may make a recommendation only to
the property owner as a means to address this section.
(2)
Construction work performed after January 1, 1977,
which required or requires permits, will still require permits, but
if done by a previous owner, upon the current owner submitting a statement
of fact to the Code Enforcement Bureau, the permit fee will be waived.
(3)
Construction work with Borough permits and construction
work without permits prior to January 1, 1977, are exempt and will
only be visually inspected for unsafe conditions.
(4)
Open permits which are uninspected and/or not finaled-out
shall require closure per the New Jersey Uniform Construction Code.
D.
Correction of any and all unsafe structures and conditions
as promulgated under N.J.A.C. 5:23-2.32(a), as amended, have been
completed and any violations of Borough ordinances have been abated
as listed in the inspection notice for the property in question.
The issuance of a certificate of occupancy shall
be conditioned and in force based upon the following:
A.
That the building or structure meets the conditions
and requirements mandated by this section and all other applicable
laws, ordinances and regulations.
B.
That all required fees have been paid in full.
C.
That all inspections have been completed.
D.
That all violations have been corrected.
E.
That all protective devices, equipment and appurtenances
required to be installed will continue to remain and be operational.
