A.Â
Scope. Unless otherwise expressly stated, the following
terms shall, for the purpose of this code, have the meanings indicated
in this section.
B.Â
Interchangeability. Words used in the present tense
include the future; words in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural
the singular.
C.Â
Terms defined in other codes. Where terms are not
defined in this article and are defined in the building, plumbing
or mechanical codes, they shall have the same meanings ascribed to
them as those coded.
D.Â
Terms not defined. Where terms are not defined through
the methods authorized by this section, they shall have their ordinarily
accepted meanings such as the context implies.
E.Â
Parts. Whenever the words "dwelling," "premises,"
"building," "rooming house," "story," or "structure" are used in this
code, they shall be construed as though they were followed by the
words "or any part thereof."
As used in this chapter, the following terms
shall have the meanings indicated:
Approved by the Code Official.
That portion of a building which is partly or completely
below grade.
A room containing plumbing fixtures, including a bathtub
or shower.
The building subcode adopted pursuant to the Uniform Construction
Code.[1]
The certificate issued by the Code Official meaning that
as a result of a general inspection of the visible parts of the property
and the building, no known violations exist and no unsafe conditions
exist in violation of this code. The certificate shall contain a statement
indicating the occupancy load of the structure or space and that the
structure is in compliance with this code.
The official who is charged with the administration and enforcement
of this code, or any duly authorized deputy.
To adjudge unfit for use or occupancy.
(See § 183-19E).
BOARDINGHOUSE AND ROOMING HOUSEAs per N.J.S.A. 55-13B-3, shall mean any building together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1), any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single-room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, and any facility or living arrangement operated by, or under contract with, any state department or agency, upon the written authorization of the Commissioner.
MULTIPLE-FAMILY DWELLINGA building containing more than two dwelling units and not classified as a one- or two-family dwelling.
ROOMING UNITAny room or group of rooms forming a single habitable unit used or intended to be used for sleeping and/or living, but not for cooking purposes.
DORMITORYA space in a building where group-sleeping accommodations are provided in one room, or in a series of closely associated rooms, for person not members of the same family group.
HOTELAny building containing six or more guest rooms, intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
ONE-FAMILY DWELLINGA building containing one dwelling unit only and occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit excluding boarding and rooming houses.
TWO-FAMILY DWELLINGA building containing two dwelling units only and occupied or intended to be occupied exclusively for residence purposes by two families or two housekeeping units, living independently of each other and each with their own cooking and sanitary facilities excluding boardinghouses and rooming houses.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The open space on the premises and on adjoining premises
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places, by removing or making inaccessible
materials that serve as food, by poison spraying, fumigating, trapping
or by other approved pest elimination methods.
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel. An individual or married couple and
the children thereof with not more than two other persons related
directly to the individual or married couple by blood or marriage
or a group of not more than five unrelated persons living together
as a single housekeeping unit in a dwelling unit.
The animal and vegetable waste from the handling, preparation,
cooking and consumption of food.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
spaces and similar areas are not considered habitable spaces.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
To permit occupancy of a dwelling, dwelling unit, rooming
unit, building or structure by a person who shall be the legal owner
or not be the legal owner or record thereof, pursuant to a written
or unwritten lease, agreement or license, or pursuant to a recorded
or unrecorded agreement of contract for sale of land.
Any person living or sleeping in a building, or having possession
of a space within a building.
The part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm, or corporation having
legal or equitable interest in the property; or recorded in the official
records of the state, county, county or municipality as holding title
to the property; or otherwise having control of the property, including
the guardian of the estate of any such person; and the executor or
administrator of the estate of such person if ordered to take possession
of real property by the court.
An individual, corporation, partnership or any other group
acting as a unit.
The practice, materials, and fixtures used in the installation,
maintenance, extension and alteration of all piping, fixtures, appliances,
and appurtenances within the scope of the plumbing subcode pursuant
to the Uniform Construction Code.[2]
A receptacle or device which is either permanently or temporarily
connected to the water distribution system of the premises and demands
a supply of water therefrom; or discharges used water, liquid-borne
waste materials or sewage either directly or indirectly to the drainage
system of the premises; or which requires both a water supply connection
and a discharge to the drainage system of the premises.
A lot, plot or parcel of land including the buildings or
structures thereon.
Includes the following:
The physical condition or use of any premises
regarded as a public nuisance at common law;
Any physical condition, use or occupancy of
any premises or its appurtenances considered an attractive nuisance
to children, including, but not limited to, abandoned wells, shafts,
basements, excavations and unsafe fences or structures;
Any premises which is unsanitary due to the
lack of required sewage or plumbing facilities;
Any premises designated as unsafe for human
habitation or use;
Any premises which is manifestly capable of
being a fire hazard, or are manifestly unsafe or unsecured as to endanger
life, limb or property;
Any premises from which the plumbing, heating
and/or facilities required by this code have been removed, or from
which utilities have been disconnected, destroyed, removed or rendered
ineffective, or the required precautions against trespassers have
not been provided;
Any premises which are unsanitary, or which
is littered with rubbish or garbage, or has an uncontrolled growth
of weeds, which presents a hazard or affects the public health and
safety; or
Any structure or building that is in a state
of dilapidation, deterioration or decay; faulty construction; overcrowded;
open, vacant or abandoned; damaged by fire to the extent so as not
to provide shelter, in danger of collapse or failure, and dangerous
to anyone on or near the premises.
Recycables are certain types of rubbish, such as plastics,
glass, and aluminum, which are collected separately from solid waste,
to be reprocessed into useful items.
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, metal, mineral matter, glass, crockery, tires, house appliances,
bedding materials and dust and other similar materials.
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, open grade steps, sidewalks or stairways, tents or anything
erected and framed or component parts which is fastened, anchored
or rests on a permanent foundation or on the ground.
A room containing a water closet or urinal but not a bathtub
or shower.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged, and without marring adjacent work.
An open space on the same lot with a building.
