§ 10-1STATE UNIFORM CONSTRUCTION CODE ENFORCING AGENCY.
§ 10-1.1Enforcing agency established.
§ 10-1.2Construction fees.
§ 10-1.3Preparation of annual report.
§ 10-1.4Collection of surcharge fee.
§ 10-1.5Applications for permits: examination, approval, expiration
§ 10-1.6Waiver of fees for permits.
§ 10-1.7Inspections; right of entry; stop-work orders.
§ 10-1.8Indemnity bonds.
§ 10-1.9Legislative authority; construction.
§ 10-1.10Violations and penalties.
§ 10-2INSTALLATION OF SMOKE DETECTORS AND FIRE ALARM SYSTEMS.
§ 10-2.1Statement of policy.
§ 10-2.2Enforcement agency designated.
§ 10-2.3Multifamily buildings exceeding 35 feet in height.
§ 10-2.4Structures not exceeding 35 feet in height.
§ 10-2.5Additional standards.
§ 10-2.6Testing and inspection.
§ 10-2.7Required installation.
§ 10-2.8New construction.
§ 10-2.9Compliance officer designated.
§ 10-2.10Legislative authority; construal of provisions.
§ 10-2.11Violations and penalties.
§ 10-4UNSAFE STRUCTURES.
§ 10-4.2Designation of powers.
§ 10-4.3Hearing to be held when complaint is filed.
§ 10-4.4Findings; order to comply; authority to remedy.
§ 10-4.5Costs and payment of charges.
§ 10-4.6Guides for determining fitness of building.
§ 10-4.7Serving of notices or orders.
§ 10-4.8Procedure for injunctive relief.
§ 10-4.9Additional powers of public officer.
§ 10-4.10Authority to appropriate funds for administration of section.
§ 10-4.11Powers supplemental to other legislation.
§ 10-4.12Authority of Township Council to initiate process.
§ 10-4.13Copy of resolution served upon owner.
§ 10-4.15Declaration of nuisance by Township Council.
§ 10-4.16Custodian designated.
§ 10-4.17Compensation of appointed custodian.
§ 10-4.19Appointment of administrator to enforce provisions and to be
receiver by court action.
§ 10-4.20Agent to manage property may be appointed.
§ 10-4.21Procedure in receivership action; jurisdiction of court.
§ 10-4.22Registration of owners of buildings and structures occupied
by two or more families.
§ 10-4.23Penalties for violation.
§ 10-4.24Records to be kept of proceedings.
§ 10-5MULTIPLE DWELLING SECURITY FUNDS.
§ 10-5.2Deposit of security funds.
§ 10-5.3Expenditure of funds; hearings.
§ 10-5.4Failure to comply.
§ 10-5.5Authority authorized to expend trust account funds.
§ 10-5.6Affidavits and testimony; liability for false statements.
§ 10-5.7Violations and penalties; enforcement.
§ 10-6.3Trailers prohibited.
§ 10-6.4Permitted trailers.
§ 10-6.5Permit process.
§ 10-6.6Application for permit.
§ 10-6.7Duration of permits.
§ 10-6.9Exceptions to permit requirement.
§ 10-6.10Revocation of permit.
§ 10-6.11Inspection of trailer.
§ 10-6.12Storage of trailers.
§ 10-6.13Permit fees.
There is hereby established in the Township a State Uniform Construction Code enforcing agency to be known as the "Township Construction Code Enforcing Agency," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the Enforcing Agency.
Each official position created in paragraph a. hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, provided that in lieu of any particular subcode official, an on-site inspection agent may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business with the Enforcing Agency at the office location except for emergencies and unforeseen or unavoidable circumstances. Upon the enactment date of this section, the Township Manager shall post in the office of the Clerk and publish in an official newspaper of the Township notice of the location of the Township Construction Code Enforcing Agency together with, upon its adoption, a designating resolution by the Township Council of the names, addresses and business telephone numbers of the code office and all subcode officials or their duly appointed designees.
Notwithstanding any provisions of this section, the Township Fire Commissioner may adopt and provide for the enforcement of a Fire Safety Maintenance Code or continue to enforce an existing Fire Safety Maintenance Code. The provisions of the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), provide for the adoption and enforcement of a Fire Prevention Subcode and shall apply to fire prevention in related construction activities which are defined as those of fire prevention in related construction activities which in any way may affect, pertain to or involve the issuance of a construction permit or initial Certificate of Occupancy under the Act. No Fire Safety Maintenance Code or the enforcement thereof shall in any way conflict with or otherwise affect the terms and enforcement of the State Uniform Construction Code adopted pursuant to the State Uniform Construction Code Act aforesaid.
Central permit office. The Township shall establish a central permit office under the direction and supervision of the Township Construction Official, which office shall be the same location as the Construction Code Enforcing Agency. This office shall receive applications for construction permits and plan review; issue construction permits and Certificates of Occupancy; collect fees, penalties and fines; and issue notices and orders. The office shall be open during normal business hours at times to be determined by the Township. These times shall be posted in a conspicuous place and shall be comparable with the amount of construction activity in the Township. Nothing herein shall prevent the Township from establishing branch offices, but the public shall not, unless in the case of an emergency or unforeseen or unavoidable circumstance, be required to do business except at the central office.
The fee for a construction permit shall be the sum of the subcode fees hereinafter enumerated and shall be paid before the permit is issued. The fee for new construction shall be calculated by using the volume of structure and, in addition, any related subcode fees. Where the physical value of a building, structure or improvement must be determined as hereinafter specified the fee charged shall be based on replacement cost by using the value established by the building valuation data report as published by BOCA International, Inc. as referenced in N.J.A.C. 5:23-3 as may be periodically amended. All such fees shall be rounded to the nearest dollar amount as referenced in N.J.A.C. 5:23-4.17(a)1.
Building subcode fees.
For new construction, the fee shall be computed as follows:
One and nine-tenths cents per cubic foot of building volume up to 50,000 cubic feet of building or structure volume provided that the minimum charge of $35 be assessed for each permit.
One and seven-tenths cents per cubic foot of building volume for the building volume in excess of 50,000 cubic feet of building structure or volume and less than 500,000 cubic feet of building structure or volume.
One and five-tenths cents per cubic foot of building volume for the building volume of 500,000 cubic feet and in excess of 500,000 cubic feet of building or structure.
For renovations, alterations and repairs, $12 per $1,000 of estimated cost of work inclusive of labor. The minimum fee shall be $25.
For additions, the amount charged per cubic foot of building volume for the added portion shall be in accordance with the schedule of fees as previously set forth in paragraph a,1. above provided that the minimum charge of $35 be assessed for each permit.
For combinations of renovations and additions, the sum of the fees shall be computed separately as renovations and additions. The minimum fee shall be $35.
Notwithstanding the provisions of paragraphs 1. through 5. above, the following construction fees, when computed as part of new construction, additions or renovations shall be as follows:
Aluminum siding and all other siding $12 per $1,000 of estimated cost provided that the minimum shall be $25.
Roofing, $12 per $1,000 of estimated cost provided that the minimum shall be $25.
Signs, $1 per square foot of surface area of the sign, provided that the minimum fee shall be $35. In the case of double faced signs, the area of the surface of one side only shall be used for the purpose of fee computation.
Fences, $10 per $1,000 of estimated cost of work provided that a minimum fee shall be $10.
Heating, air conditioning and ventilation, $15 per $1,000 of estimated cost of work provided that a minimum fee shall be $25.
Plumbing subcode fees.
Ten dollars per plumbing fixture or devices except where specified to the contrary herein. For the purposes of this paragraph, fixtures shall include, but are not limited to; lavatories, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot water heaters, roof drains, hose bibbs, vent stacks or similar devices.
Forty dollars for the following special devices: Soda dispensers, coffee makers, acid neutralizing devices, grease interceptors, oil and/or sand interceptors, backflow preventers, air conditioning or refrigeration units, gas piping, sewer ejectors, hot water and steam boilers. This list is not exhaustive and the fee shall also apply to special fixtures or equipment delineated in the plumbing code.
Forty dollars for each water and sewer connection and gasoline piping for each tank.
Forty dollars for the following: Baseboard radiation and radon piping.
Unless specified herein to the contrary, a minimum plumbing fee shall be $35.
All plumbing inspections include the area from the curbline or right-of-way to the structure or structures.
Electrical subcode fees.
Electrical subcode fees shall be computed as follows:
Fixtures (outlets, switches, receptacles): For one to 50 fixtures, $35. For each additional 25 fixtures or fraction thereof in excess of 50 fixtures the fee shall be $5.
Light Standards (mogul base, mercury base or fixtures other than those specified in the previous subsection): For one to five fixtures, $35. For each additional lamp $5.
Swimming pools: New installation including bonding, wiring of one receptacle and motor. The fee shall be $45 for above ground, and $60 for in ground pools.
Motors: For one to 10 horsepower, $20. From 11 to 40 horsepower, $35. From 41 to 100 horsepower, $65 and for 100 horsepower, $350.
Service meter equipment and feeders: For up to 200 amperes service, $35. For 201 amperes to 1,000 amperes, $65; for 1,001 amperes and over, $350.
Heating, cooling, cooking and similar appliances. Single outlet of 20 kilowatts or less, $35. Each additional outlet $5 including dishwasher, garbage disposal, dryer, water heaters.
Generators, transformers (vaults, enclosure-substations): For one to 10 kilowatts, $20. For 11 to 50 kilowatts, $35. For 51 to 100 kilowatts, $65. For over 100 kilowatts, $350.
Electrical signs: For one to five signs, $35. For each additional sign $4.
Reintroduction of service: For reintroduction of service the fee shall be $35.
Unless specified herein to the contrary, minimum electrical fees shall be $35.
For any items not specifically listed or included above a special fee shall be determined by the Construction Official and Electrical Subcode Official subject to review of the Township Council upon request.
Fire protection subcode fees.
Sprinkler heads and detectors. For one to 10, $35. From 11 to 25, $75. From 26 to 100, $250. From 101 to 200, $400. From 201 to 400, $600. From 401 to $1,000, $900. Over $1,000, $2,200.
Special suppression and hood exhaust. The fee shall be $50 each.
Alarm systems and detectors. The fee shall be $15 per $1,000 of estimated cost. The minimum fee shall be $25.
Standpipes. The fee shall be $200 per riser.
Heating systems. The fee shall be $20 per appliance for residential properties and $35 per appliance for commercial properties. The minimum fee for all properties is $35.
Fireplaces and wood stoves. The fee shall be $35.
Heating fuel tanks. The fee shall be $35 per tank for residential properties and $60 per tank for commercial properties.
The fee for installation of each above ground or in ground gasoline or propane tank shall be $60.
Gasoline tanks: The fee shall be $60 for the installation of each above ground or in ground gas tank.
The construction plan review fee. The construction plan review fee shall be 25% of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of fee to be charged for the construction permit.
Demolition or removal of buildings or structures.
The fee for a permit for demolition of a building or structure shall be $50 for residential property and $100 for commercial property.
The fee for a permit for removal of underground storage tanks shall be $60 for each tank.
The fee for a permit for the removal of a structure from one lot to another or to a new location on the same lot shall be $25 per $1,000 of estimated costs of moving. The fee for a new foundation shall be as set forth in paragraph a,1(a). The fee for the removal of a commercial structure shall be $50 per $1,000 of estimated cost as set forth above. The minimum fee for all properties shall be $35.
Cleanup shall be performed in accordance with N.J.A.C. 5:23-2.17(a)(b)(c). All debris and material resulting from the removal or demolition of buildings or structures as defined in paragraph f,1 and 2. hereof shall be completed within 30 days from the completion of removal or demolition, including the filling in of any open area created by the demolition or removal. Each holder of a permit shall notify the office of the Construction Official upon completion of cleanup within the thirty-day period. However, the demolition of any buildings or structures less than 5,000 cubic feet shall be completed, and the Construction Official notified, within 15 days.
In addition to the provisions specified in paragraph f, 1-3. hereof, all applicants shall be required to comply with Board of Health requirements regarding securing of rodent infestation inspection (Chapter BH:12) of the Code of the Township of Deptford.
Pool Construction Permit Fee. The fee for a construction permit for the installation of a pool shall be calculated at $12 per $1,000 of estimated cost of work inclusive of labor. The minimum fee shall be $25.
The fee for a certificate of occupancy shall be 10% of the total of the permit fee with a minimum charge of $25.
The fee for a certificate of occupancy granted pursuant to a change of use shall be $100.
The fee for a multiple certificate of occupancy shall be $25 per unit.
In the event a temporary certificate of occupancy is issued an additional fee of $10 is required.
Certificate of approval: There shall be no fee for a certificate of approval as required by the NJ.A.C.
Elevator installation permit fee.
Variation application fee. The fee for an application for a variation shall be $250 for Class I and Class II structures and $50 for Class III structures.
Other fee schedules. Those construction permit fees not specifically designated by this section or established by rules and regulations of the Construction Official in the manner hereinafter established for the adoption of other fee schedules are established in the regulations of the Department of Community Affairs (Title 5, Chapter 23 of the New Jersey Administrative Code, presently or as hereafter amended). Those fees set forth within the regulations shall be applied in determining the construction permit fee.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Director of Community Development, annually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act.
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the regulations,
The Construction Code Enforcing Agency shall report annually, at the end of each fiscal year, to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective the report shall be for the third and fourth quarters only. A copy of this report shall be filed in the office of the Clerk.
The Construction Code Enforcing Agency shall examine each application for a construction permit. If the application conforms with this section, the Agency shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If application is denied in whole or in part the Construction Code Enforcing Agency shall set forth the reasons therefor in writing. If the Construction Code Enforcing Agency fails to grant, in whole or in part, or deny any application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the Gloucester County Construction Board of Appeals unless such period of time has been extended with the consent of the applicant. The Construction Code Enforcing Agency may approve changes in plans and specifications previously approved by it, if the plans and specifications when so changed do not require site plan approval. Except as otherwise provided in this section the construction or alteration of a building or structure shall not be commenced until a construction permit has been issued. The construction of a building or structure shall be in compliance with the approved application for a construction permit, and with all conditions of site plan approval, if required.
A construction permit, issued in accordance with paragraph a., pursuant to which no construction has been undertaken above the foundation walls within one year from the time of issuance, shall expire. The Construction Code Enforcing Agency may suspend, revoke, or cancel a construction permit in case of neglect or failure to comply with the provisions of this Act or the code, or upon a finding by it that a false statement or representation has been made in the application for the construction permit.
Township Council may, in its discretion, waive construction fees otherwise required to be paid under this section.
The Construction Code Enforcing Agency shall periodically inspect all construction undertaken pursuant to a construction permit issued by it to ensure that the construction or alteration is performed in accordance with law and with the conditions of the construction permit.
The owner of any premises upon which a building or structure is being constructed shall be deemed to have consented to the inspection by the Construction Code Enforcing Agency, of the entire premises and of any and all construction being performed on it until a Certificate of Occupancy has been issued. An inspector or team of inspectors, on presentation of proper credentials, shall have the right to enter and inspect such premises and any and all construction thereon, for purposes of ensuring compliance with the provisions of the applicable construction permit and other applicable laws and regulations. All inspection pursuant to this section shall be between the hours of 9:00 a.m. and 5:00 p.m.; however, inspections may be conducted at other times if the Construction Code Enforcing Agency has reasonable cause to believe that an immediate danger to life, limb or property exists or if permission is given by an owner or his agent, architect, engineer or builder. No person shall accompany an inspector or team of inspectors on any inspection pursuant to this section unless his presence is necessary for the enforcement of this ordinance or the Act (P.L. 1975, c. 217), and regulations adopted pursuant thereto (N.J.A.C. 5:23), or unless consent is given by an owner or his agent, architect, engineer or builder.
If the construction of a structure or building is being undertaken contrary to the provisions of a construction permit, this section or other applicable laws or ordinances, the Construction Code Enforcing Agency may issue a stop-construction order in writing which shall state the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known or cannot be located with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of, the construction. No person shall continue, or cause or allow to be continued, the construction of a building or structure in violation of a stop-construction order, except with the permission of the Construction Code Enforcing Agency in order to abate a dangerous condition or remove a violation, or except by court order. If an order to stop construction is not obeyed, the Construction Code Enforcing Agency may apply to the appropriate court as otherwise established by law for an order enjoying the violation of the stop-construction order. The remedy for violation of such an order provided in this subsection shall be in addition to, and not in limitation of, any other remedies provided by law or ordinance.
Neither an appeal to the Gloucester County Construction Board of Appeals nor an appeal to the Department of Community Affairs nor an appeal to a court of competent jurisdiction shall automatically stay any order to stop construction issued pursuant to this section or prevent the seeking of an order in a court of competent jurisdiction to enjoin the violation of a stop-construction order.
In connection with the provisions of this section and the State Uniform Construction Code hereby established and adopted as a part hereof, the following indemnity bonds may be posted in respect to each specific section hereinafter cited, which sections are hereby amended to read as follows:
Sign bonds. The owner of every sign shall be bonded in an amount not less than $100 for the erection and maintenance of such sign or billboard.
Wrecking bonds. The owner or person to whom a permit has been issued to wreck or demolish a building shall provide a bond, in the amount of $1,000, which shall require the completion of the work and the clearing and filling in of the site and will protect and indemnify the municipality against loss or damage.
Moving bonds. The owner of a building to be moved shall furnish a bond, in the amount of $1,000, which shall require the completion of work and the restoration of the site as provided by this section and the State Uniform Construction Code and will protect and indemnify the Township against loss or damage.
Modification of performance guaranty indemnify bonds. Where required, the Construction Code Official may require each owner or persons required to post bond in an amount in excess of that required in paragraphs a. through c. hereof; the Construction Code Official may accept, in lieu of bond, cash or such other security as may be approved by the Township Attorney.
This section is adopted pursuant to the provisions of the State Uniform Construction Code Act, Chapter 217, Laws of New Jersey 1975 (N.J.S.A. 52:27D-119 et seq.) and State regulations implementing the Act (N.J.A.C. 5:23). In the event of any ambiguities, inconsistencies or conflicts between the terms and provisions of Chapter 1 of this Code and the State Uniform Construction Code Act and the State regulations aforesaid, the provisions set forth and the standards established in the Act and regulations shall apply.
Any person or corporation, including an officer, director or employee of a corporation, shall be subject to a penalty of not more than $500 who:
Violates any of the provisions of this section.
Constructs a structure or building in violation of a condition of a building permit.
Fails to comply with any order issued by the Construction Code Enforcing Agency or its designees.
Makes a false or misleading written statement or omits any required information or statement in any application or request for approval to the Construction Code Enforcing Agency or its designees or any agency or board of the Township.
Anyone who knowingly refuses an inspector, who is lawfully authorized to inspect any premises, building or structure pursuant to this section, entry or access to such premises, building or structure, or who unreasonably interferes with such an inspection, shall be subject to a fine of not more than $250.
With respect to paragraph a,3. of this subsection, a person shall be guilty of a separate offense for each day that he fails to comply with a stop-construction order validly issued by the Uniform Construction Code Enforcing Agency or its designees, and by any other agency or department authorized by law, and for each week that he fails to comply with any other order validly issued by the Construction Code Enforcing Agency or its designees or other agency or department. With respect to paragraphs a,1. and 4. of this subsection, a person shall be guilty of a separate offense for each violation of any provision of this section and for each false or misleading written statement or omission of required information or statement made in any application or request for approval to the Uniform Construction Code Enforcing Agency, or its designees or other agency or department authorized by law. With respect to paragraph a,2. of this subsection, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
The imposition of fines and any appeal therefrom shall be in the manner set forth in the Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.). All penalties hereunder may be collected in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
It shall be the public policy of the Township to encourage the maximum use of smoke detectors in all buildings and residences. The effective use of smoke detectors has been a proven life saver and a potential property preserver.
The Fire Marshal or his designee is hereby appointed the enforcement agency. The Fire Marshal or his designee is hereby authorized and directed, pursuant to N.J.S.A. 40:48-2.9, to make inspections and to perform such other acts and deeds consistent with lawful authority to determine whether the smoke detectors or fire alarm systems required by this section are installed and are in proper working order. In all residential one- and two-family units, no inspection(s) shall be permitted by the Fire Marshal or his designee unless such inspection is required for a Certificate of Occupancy or unless there is imminent danger to the lives, health or safety or preservation of the property of the occupants, or persons adjacent thereto, without the express consent of the occupant or owner of each dwelling or dwelling unit or the person in charge thereof.
For all multifamily buildings more than 35 feet in height above the mean grade, the automatic fire warning systems shall meet the standards for the detection of ionized gases or of the production of combustion produced by burning or smoldering materials as required for that particular building as specified in those provisions of the BOCA Basic Building Code, 1975, pertaining to Automatic Fire Alarm Systems, Section 1216.0 et seq. (and as amended hereafter); and such automatic fire warning systems shall be installed in accordance therewith, and such system shall also initiate the sounding of an audible alarm capable of being heard in all occupied areas of the building or structure and shall register the location of the alarm at a specified location within the building. The sounding of this system shall also be connected to the Township Fire Control Center for receipt of fire alarms or emergencies or such other fire control designation as may hereinafter be established by the Township. All automatic fire alarm systems required hereunder shall be approved by Underwriters' Laboratory, Inc. or Factory Mutual Research Corporation.
Every building, structure or dwelling not exceeding 35 feet in height above the mean grade, erected, substantially altered or presently occupied for residential purposes, shall be protected with an automatic fire warning system equipped with automatic smoke and/or gas detection devices principally intended for the protection of lives by indicating abnormal conditions as hereinafter provided:
Those systems or devices shall conform to the requirements of the 1975 Edition of the National Fire Protection Association designated as "NFPA No. 74," entitled "Household Fire Warning Equipment, 1975," and any amendments subsequent thereto (hereinafter referred to as "NFPA No. 74") relating to household fire warning equipment. The devices, commonly referred to as "smoke or heat detectors," must meet with the approval of the Underwriters' Laboratory, Inc. or Factory Mutual Research Corporation.
Such smoke or heat detectors may be either electrically powered, battery-powered or a combination of both. Battery-powered units shall contain an audible signal denoting failure of equipment. If electrically powered, the electric power supply for the smoke detector should be either on a completely separate circuit or on a circuit ahead of the service disconnect, so that the smoke detector circuit will always operate unless there is a failure of electricity coming into the building.
Upon activation, such smoke or heat detector shall provide an audible alarm which is to be so distinct and of such volume that it can be heard in all rooms of the building, structure or residence or dwelling unit with the door closed. Any alarm sounding device having less than a minimum rating of 85 decibels at 10 feet shall be deemed insufficient.
All such smoke and heat detectors shall meet the equipment performance tests set forth in Chapter 2, Section 2, of NFPA No. 74.
Detector location and spacing within the building, structure or dwelling unit shall be such that at least one such device shall be located on each floor of living space or in each sleeping unit of a multidwelling building, provided that where in a dwelling sleeping units shall be on different levels, at least one such device shall be located adjacent to that sleeping unit on each level, or, where such sleeping units, such as in a one-level dwelling, are substantially separated, then one such device shall be placed adjacent to each sleeping unit. In furtherance of the provisions set forth in this paragraph, detector locations and space requirements shall be as generally set forth in Chapter 2, Section 5, Chapter 3, Section 3, of NFPA No. 74.
Installation of central air conditioning. All existing buildings installing central air conditioning or central forced air with withdrawal must install a smoke detector at the highest point in the residence, and the smoke detector shall be so connected that activation of the detector will deactivate the main power supply for the central air conditioner, forced air heating system or air withdrawal fan in addition to sounding the alarm.
Audible signal. The audible signal shall be distinctive from other audible signaling devices which may be used for other purposes in the building. The smoke or heat detector systems shall be so designed to be capable of either self-restoration or manual restoration to normal conditions for operation. No provisions shall be made for the deactivation of the audible alarm other than by reactivation of the system.
Power supplies. All power supplies shall be sufficient to operate the alarm signal(s) for at least four continuous minutes.
Exception. Upon application to the Fire Marshal, buildings or portions thereof equipped with an automatic fire alarm system connected to a sprinkler system may receive exemption from the provisions of this section.
Automatic detector devices shall be tested periodically as specified by the Life Safety Code, NFPA No. 101, and NFPA No. 74, and amendments thereto.
In multifamily units and in buildings or structures constructed in accordance with the provisions of subsection 10-2.8, all detector devices and/or fire alarm systems shall be periodically inspected by the Fire Marshal during reasonable hours. The Fire Marshal, for this purpose, may promulgate rules and regulations to implement a schedule of inspection. However, no rules or regulations shall take effect except upon public notice and after hearing and approval by resolution of the Township Council.
"Public notice" shall be defined as publication of the proposed rules and regulations in the Township's official newspaper, posting in the Clerk's office and delivery of a copy of the proposed rules and regulations to the Township Council. No public hearing on any proposed rules or regulations shall be held less than seven days prior to compliance with the public notice requirements herein.
All newly constructed premises subject to sale, rent, transfer, grant or lease, including but not limited to dwellings, motel rooms and apartment units (except detached accessory buildings), shall be equipped with an automatic fire alarm system or smoke or heat detectors, where permitted, installed in accordance with the standards and provisions of this section.
Existing buildings which come under the provisions of this section, with the exception of residential one- and two-family dwellings, shall install automatic fire alarm systems or smoke or heat detectors, where permitted.
All residential one- and two-family units shall install an automatic fire alarm system or smoke or heat detectors in accordance with the standards and provisions of this section.
Transfer or sale or property, change of occupancy.
Notwithstanding the provisions of subsection 10-2.7, paragraphs a. through c. herein, all buildings, structures or dwelling units hereafter sold, or in which there has been a change of occupants, shall be in full compliance with the standards and provisions of this section. No Certificate of Occupancy shall issue until such compliance has been demonstrated. The transferor of any building, structure or dwelling unit shall be responsible for the installation of these detection devices.
Where there is a change of occupants in any apartment unit, no occupancy shall be permitted unless the owner or the owner's designated agent shall have demonstrated that the apartment or other dwelling unit to be leased is in compliance with the terms and provisions of this section. The lessor of any apartment or other dwelling unit shall be responsible for the installation of these detection devices.
All new construction for residential occupancy more than four stories in height, including but not limited to apartment buildings, hotels, dormitories, clubhouses, sanitariums, surgical institutions, hospitals, asylums, homes for the aged or other similar construction for occupancy on a temporary or permanent basis, shall include the installation of an automatic fire warning system equal or greater in capacity to that required by the BOCA Basic Building Code, 1975, (as amended) and as may be required for that construction by any other Federal, State or local agency by law and/or regulation, which automatic fire warning system shall be installed prior to the issuance of a Certificate of Occupancy.
The Construction Code Official or such other person as the Township Manager shall appoint shall be designated as the "Compliance Officer." The duties and functions of the Compliance Officer shall be to act as liaison on behalf of the Township with the Fire Marshal in the dissemination of public information to effect compliance with this section, and to aid in the promulgation, if required, of rules and regulations pursuant to subsection 10-2.6 and to perform such other services or functions as the Township Manager may designate to effect the intent and purpose of this section.
This section is adopted pursuant to the provisions of the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and as a supplement to Section 10-1 of this chapter implementing the Act. In the event of any ambiguities, inconsistencies or conflicts between the terms and provisions of this section and the State Uniform Construction Code Act and the State regulations aforesaid, the provisions set forth and the standards established in the Act and regulations shall apply.
Any person or corporation, including an officer, director or employee of a corporation who:
Anyone who knowingly refuses an inspector, who is lawfully authorized to inspect any premises, building or structure pursuant to this section, entry or access to such premises, building or structure or who unreasonably interferes with such an inspection shall be subject to a fine of not more than $250.
With respect to paragraph a,2. of this subsection, a person shall be guilty of a separate offense for each day that he fails to comply with a stop-construction order validly issued by the Construction Code Official, or his designee, and by any other agency or department authorized by law, and for each week that he fails to comply with any other order validly issued by the Township Fire Marshal, or his designee, or other agency or department. With respect to paragraphs a,1. and 2. of this subsection, a person shall be guilty of a separate offense for each violation of any provision of this section and for each false or misleading written statement or omission of required information or statement made in any application or request for approval to the Township Fire Marshal, or its designee, or other agency or department authorized by law.
The imposition of fines and any appeal therefrom shall be in the manner set forth in the Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 2A:58-1 et seq.). All penalties hereunder may be collected in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
As used in this section:
- Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
- GOVERNING BODY
- The Township Council of the Township of Deptford.
- The holder or holders of the title in fee simple.
- PARTIES IN INTEREST
- All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
- PUBLIC AUTHORITY
- Any housing authority or any officer whose functions relate to health, fire, building regulations, or to other activities concerning buildings within the Township.
- PUBLIC OFFICER
- The Construction Code Official, Fire Chief Official and the Board of Health Inspector, or such other official duly designated by the Township Council to enforce this section.
The Public Officer, as defined, of the Township is hereby designated and appointed to exercise the powers prescribed within this section.
Whenever a petition is filed with the Public Officer by a public authority, or by at least five residents of the Township, charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer, on his own motion, that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer or his designated agent, at a place therein fixed not less than 10 days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer or his designated agents.
If, after such notice and hearing, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
Requiring the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or have the building vacated and closed within the times set forth in the order; and
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time, as specified in the order of removal.
If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved, or to be vacated and closed. The Public Officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use of occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
The cost of filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this section determined in favor of the Township, and such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building, or from any contract for removal or demolition thereof, shall be a Municipal lien against the real property upon which such cost was incurred; and the lien shall be enforced and collected in the same manner as other Municipal liens are now enforced and collected in the Township. If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. All costs and credits are to be determined pursuant to the provisions of R.S. 40:48-2.5.
The Public Officer may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents or to the Township; such conditions may include the following (without limiting the generality of the foregoing): Defects therein increasing the hazards of fire, accidents or other calamities: lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair, structural defects; uncleanliness, and such additional standards which the Township may promulgate by rules and regulations to guide the Public Officer or his agents in determining the fitness of a building for human habitation or occupancy or use.
Complaints or orders issued by the Public Officer pursuant to the provisions of this section shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, and the Public Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published within the Township, or, in the absence of such newspaper, in one printed and published in the County and circulating within the Township. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded for record with the County Recording Officer.
Any person aggrieved by an order issued by a Public Officer under this section may, within 60 days after the posting and service of such order, bring an action for injunctive relief to restrain the Public Officer from carrying out the provisions of the order or for any other appropriate relief. The remedy herein provided shall be exclusive, and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Public Officer.
The Public Officer may exercise such additional powers as may be necessary or convenient to accomplish the objectives of this section, including those powers and provisions enumerated within R.S. 40:48-2.9.
The Township Manager shall have prepared an estimate of the annual expenses or costs to provide equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings within the Township for the purpose of determining the fitness of such buildings for human habitation or occupancy or use, and for the administration of this section. The Township Council is further authorized to make such appropriations from its general revenues as it may deem necessary for this purpose and may accept and apply grants or donations to assist in carrying out the provisions of this section.
Nothing in this section shall be construed to abrogate or impair the powers of the Township to enforce any provisions of any act of a legislature of the State of New Jersey, or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred in this section shall be in addition and supplemental to the powers conferred by any other law of the State of New Jersey or ordinance adopted by the Township.
In addition to the procedure enumerated in subsections 10-4.2 through 10-4.7, the Township Manager may, upon his own motion, or upon notice of report from the Public Officer, determine whether there exists in any building or other structure such a condition as to make it dangerous to the health and safety of persons at or near the premises, or is unfit for human habitation or occupancy, as defined in subsection 10-4.6. Such determination may be made by a majority of the members of the Township Council present at any regular, adjourned or special meeting by resolution. The resolution shall specify the violation and determination of the Township Council, and the findings as to whether the building or structure, or portion thereof, shall be repaired, altered, improved, removed or demolished, and the manner, time and terms of action to be taken by the owner or owners of any land or premises affected thereby.
If the owner or owners of any land or premises affected, upon service of proper notice, fails to repair, alter, improve, demolish or take such action as is requested by the Township Council within the time specified in the resolution, the Township Manager shall instruct the Public Officer designed by it in the manner prescribed in subsection 10-4.4 paragraphs b. through d., to take such action as required.
A property owner who desires to appeal from any action taken under subsection 10-4.12 of this section shall, within 10 days from the date of the action file with the Township Clerk an application in writing for review and revocation or modification of the action. The Township Council shall grant such property owner a hearing at such time and upon such notice as it shall determine. After such hearing, the property owner shall be notified in writing as to the action taken by the Township Council and shall, within five days from the date the notice is received, take the necessary steps to fully comply with the original notice as affirmed or modified.
Whenever it shall come to the attention of the Township Council that, due to conditions existing on any lot or plot of land or in or about any building or buildings in the Township, a nuisance is created or maintained, that it is or may be detrimental to the safety, health or general welfare of the community or tend to create or extend the conflagration, the Township Council may pass a resolution declaring that the conditions complained of constitute a nuisance within the meaning of this section and providing for the abatement thereof in the same manner as provided in subsection 10-4.12.
The Manager may appoint a custodian on its behalf, who may be either the Public Officer or persons specially designated to enter into and take charge of any building or structure upon the failure of the owner to make the required repairs, to supervise the abatement of a nuisance, the correction of the defective conditions, or the maintenance of the premises in the proper condition so as to conform to the requirements of this section and all other ordinances of the Township and Laws of the State of New Jersey applicable thereto.
The Township Council, prior to the appointment of a custodian, shall by resolution affix a reasonable compensation.
All costs, expenses, including the compensation of the custodian, shall be assessed and collected as provided in subsection 10-4.5.
Upon the adoption of this section and pursuant to the provisions of N.J.S.A. 40:48-2.3 et seq., and in the event that any owner of the buildings or structures within the Township shall fail to abate a condition harmful to the health and safety of the occupants of the building or structure and the general public with the Township after notice and opportunity to do so, a Township officer may be designated by the Township Manager to administer and enforce the provisions of this section and, with the approval of the Township Manager, to bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property for the purpose of collecting the rents and income from such property and expend the same for the purpose of abating the conditions. The rents and income so collected by the receiver shall also be available for the payment of such costs and expenses of the receivership, as may be adjudged by the Court, and for the payment to the Township of any fines or penalties which may have been imposed on the owner for violations of this section and which may not have been paid by the person liable therefor. The Court may proceed in the action in a summary manner or otherwise. Such receiver shall not be required to give bond and shall be appointed only for these purposes.
Upon his appointment, the receiver, by and with the approval of the Township Council, in all cases where the real property in question is encumbered by a first mortgage shall appoint such first mortgagee, if such mortgagee is a proper person and is willing to accept such appointment, as the receiver's agent to collect the rents and income from such real property and manage the same, and in all other cases the receiver, by and with the approval of the Township Council may designate the person in charge or management of such real property or some other competent person as the receiver's agent, to collect the rents and income from such real property and manage the same, which mortgagee or other person shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other person so designed is derelict in collecting or accounting for such rents and income, or in the management of such real property, the receiver shall apply to the Court for the removal of such designated mortgagee or other person, upon notice in writing to him, and the Court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid. In any such receivership no fees shall be allowed the receiver or his counsel for action as such receiver or counsel.
Except as otherwise provided herein, the procedure in respect to any such receivership shall be as in the case of interests, costs and expenses wherein a Collector of taxes of a Township or other officer of the Township is such receiver. In any receivership proceeding under this section, the Court shall have jurisdiction to make such orders and directions to the receiver as may be necessary to effectuate the purposes of this section and to conserve the real property during the pendency of the receivership.
Registration required; procedure. Every building and structure within the Township which is occupied by two or more families as tenants of the owner or lessor shall be required to register with the Township Clerk upon forms prescribed and furnished by the Township. Every such registration form shall include the name and address of the owner, the name and address of the lessor if other than the owner, and the name and address of an agent in charge of the premises residing in the Municipality.
Notice in case of noncompliance. Where the owner or lessor has failed to register his premises with the Township Clerk, as required, and designated an agent in respect to the premises residing in the Township, or where such agent has been designated but cannot be found at the address given in the registration form, the service of notices required under this section, or any other ordinance heretofore or hereafter adopted by the Township, or required to be served pursuant to any State law applicable to the Township, upon the owner, lessor and agent, shall be deemed sufficient notice to the owner or lessor, and valid effective service of any such notice by posting it upon the premises in a conspicuous place.
Filing of date with Clerk. In the event notice is given and effected by posting it upon the premises in a conspicuous place, the individual or Public Officer making the posting shall by affidavit, within three days thereafter, file with the Township Clerk the date, time and exact place of posting the notice upon the premises.
Any person or persons, firm or corporation failing to obey the provisions of this section, or the orders of the Public Officer or Township Council issued pursuant to this section, shall be subject to the General Penalty established in Section 1-5 of this Code.
It shall be the duty of the Township Clerk and the Public Officer of the Township to keep a book in which he shall record and file all proceedings required to be taken hereunder by the Township Council and the Public Officer.
As used in this section:
- The Deptford Township Multiple Dwelling Emergency Commission. The membership of the Commission shall be comprised of the following individuals: Township Manager, Construction Code Official, member of the Township Council and member of the Board of Health, to be annually appointed by each respective body, and two citizen members to be appointed by the Township Council initially for terms of one and two years, respectively, and thereafter the appointment to be for a period of two years. All such citizen members shall serve until their successors have been duly appointed. The Manager or Construction Code Official may designate an alternate to act in his stead.
- DWELLING UNIT
- Any room or rooms, suite, apartment, townhouse, condominium, condominium apartment and townhouse as defined in N.J.S.A. 46:8B-3 et seq., whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping, dwelling or residence purposes by one or more persons.
- EMERGENCY CONDITION
- Any condition dangerous or injurious to the health or safety of the occupant or occupants of neighboring buildings, which arises out of any of the following circumstances or conditions:
Lack of adequate ventilation or light.
Lack of adequate and properly functioning sanitation facilities.
Lack of adequate and healthful water supply.
Any structural, mechanical, electrical or other defect or insufficiency which may be detrimental to the health and safety of any occupants of a dwelling unit as defined by this section, or any "emergency condition" of the land or premises which would constitute a violation of Section 10-4, Unsafe Structures, and Section 10-3, Housing Code, of this chapter, and as determined by a duly authorized officer of the Township.
Lack of properly functioning heating unit which shall be capable of maintaining every habitable room in each dwelling unit at a temperature of at least 72° F. whenever the outside temperature falls below 60° F. from October 1 of each year until the next succeeding May 20, and where air conditioning is provided within a dwelling unit such cooling facility shall be sufficient to maintain a constant temperature of 70° F., based on outside temperature of 85° F.
- MULTIPLE DWELLING
- Any building or structure of one or more stories, and any land appurtenant thereto and any portion thereof, in which four or more dwelling units are occupied or are intended to be occupied; except that any townhouse as a dwelling unit, connected in a line of three or more shall, for the purpose of this section, be considered a "multiple dwelling." Premises which are used primarily for purposes other than sleeping, dwelling or residence shall not be considered a "multiple dwelling."
- The Township Construction Code Official, Fire Marshal, Code Enforcement Officer, Health Inspector or any other duly designated Township official charged with the responsibility of protecting the health, safety and general welfare of Township residents.
The owner of a multiple dwelling, and any association created for the maintenance of condominium common elements, open space, and/or management of the condominium, shall deposit with the Township Clerk security funds to be used for the repair, maintenance, supply or replacement of those items of structure, equipment or supplies which are necessary to correct, eliminate or alleviate an emergency condition. The amount of the security funds to be deposited with the Township Clerk shall be computed in the following manner:
Where the owner owns between four and 25 dwelling units, the owner shall deposit $100 for each dwelling unit.
Where the owner owns between 26 and 40 dwelling units, the owner shall deposit $2,500 for the first 25 units and $50 for each additional dwelling unit owned.
Where the owner owns more than 40 dwelling units, the owner shall deposit $2,500 for the first 25 units, $50 per unit for the next 15 units, and $30 per unit for each additional unit.
In no event shall an owner be required to deposit more than $5,000 in security funds pursuant to this section. All funds required to be deposited under the terms of this section shall be delivered to the office of the Township Clerk within 15 days after receipt of notice from the authority of the amount due. Notice of the amount due may be given by the authority or its agent by personally delivering same to the owner, or the owner's agent, servant, employee or joint venturer on the owner's premises, or by certified mail sent to the owner's last registered address. Upon receipt of such security funds, the Township Clerk shall deposit these funds in an interest-bearing savings account at a federally insured bank depository within the Township in the name of the Township Multiple Dwelling Emergency Commission in trust for each particular owner. All interest payable on such accounts shall accrue to the particular owner on whose behalf the account is maintained by the authority. The authority may expend up to 1% of the trust fund for administration expenses, including bank charges, postage, stationery, secretarial services, engineering and legal services, and such other professional services as are necessary to perform its duties, all to be paid by voucher, a copy of which shall be provided to the owner originally posting the trust fund, except that legal services and other expenses required to be expended to secure compliance with the provisions of this section from the owner and/or condominium association shall be considered as additional administration expenses properly charged against the trust fund.
Condominium associations created for the administration and/or management of common elements and open space and/or management of the condominiums shall be required to make deposits in accordance with the number of dwelling units within the condominium association, equal to 50% of that sum provided in paragraphs a. through d. of this subsection.
In the event the authority spends money from any account, as authorized by this section, thus reducing the amount in the account and leaving less than the sum required as computed in subsection 10-5.2, the Township Multiple Dwelling Emergency Commission shall immediately notify the owner and/or association in the same manner as notification is required in subsection 10-5.2 of this section of the amount necessary to bring that account up to the originally required amount. The owner and/or association shall deposit such required funds as follows:
Where the authority has spent money from an account, the owner and/or association may appeal to the Mayor and Township Council for a hearing concerning solely the issues of whether or not an emergency condition did exist and whether the amount expended to remedy the emergency condition was reasonable. If such appeal is desired, the appellant shall, within 10 days of receiving notice of the amount spent, file with the Township Clerk a letter requesting such appeal. The Mayor and Township Council shall hold a hearing regarding the aforementioned issues not less than 10 nor more than 30 days after the Township Clerk has received the request from the appellant, and it shall render its decision within 14 days after the hearing has been concluded. By mutual consent between the Mayor and Township Council and the aggrieved party, the time limitations herein may be extended. A record of any such hearings shall be made and kept at the office of the Township Clerk.
If the Mayor and Township Council shall determine that the money expended by the authority is not reasonable or that an emergency condition did not exist, then such aggrieved party shall be given credit by the authority for such improper expenditure of funds and shall not be required to redeposit money with the Township Clerk in accordance with subsection 10-5.2 of this section. At the end of the budget year in which such unreasonable expenditure is made, the Township Council shall provide a line item in its budget for the reimbursement of such unreasonable expenditure to the trust account of the aggrieved party. Thereafter, the aggrieved party shall be required to maintain the trust account in accordance with the provisions of this section.
In the event that the owner and/or condominium association, or any party required to deposit escrows or make reimbursement to the authority, shall, after proper notice, fail to comply with the provisions of this section, the Township Solicitor shall be authorized to maintain legal action in a court of competent jurisdiction to compel compliance with the provisions of this section.
The authority shall be authorized to expend the moneys from the trust account it maintains for any party to correct, eliminate or alleviate an emergency condition only when:
It has examined those circumstances and conditions alleged to constitute an emergency condition, has received a report on such alleged emergency condition from the duly authorized officer, and has declared an emergency condition to exist; and
The remedying of such emergency condition is the owner's and/or association's responsibility; and
The owner, association or the owner's and/or association's agent, servant, employee or joint venturer has received notice of the circumstances or conditions constituting the emergency condition from either the authority or an affected tenant or resident in person or by regular mail, telegram or telephone conversation and an appropriate affidavit or sworn testimony under oath has been filed and/or made with and/or to the authority, by the individual who has so notified the owner's and/or association's agent, servant, employee or joint venturer; and
No work has been commenced by the owner and/or association, or the owner's and/or association's agent, servant, employee or joint venturer to correct, eliminate or alleviate the emergency condition within 48 hours after notification has been received of the circumstances and conditions constituting the emergency condition as described paragraph c. of this subsection; or
Where work has commenced within the forty-eight-hour period referred to in paragraph d. of this subsection but such work has not been reasonably completed within 72 hours after the work was commenced, and in the opinion of a duly authorized officer the work could have been completed within 72 hours.
The Township Clerk is authorized to withdraw and expend security funds only after he has received in writing an authorization by the authority, which authorization shall be signed by the Chairman and Secretary of the authority.
Any affidavit of notice or testimony of notice given by any individual under oath to the authority shall include the circumstances and conditions alleged by that individual to constitute an emergency condition, and such affidavit or sworn testimony shall provide and/or acknowledge that individual's liability under paragraph b. of this subsection.
Any person and/or persons who intentionally, willfully, negligently or falsely represent any affidavit or, under oath, any material fact(s) concerning notice, or the alleged emergency condition upon which the authority relies causing it to improperly expend trust funds which must be reimbursed by the Township, shall, in addition to other penalties provided herein for violation of this section, reimburse the Township to the extent of such improper expenditure.
Any person, firm, association or persons or corporation found guilty of violating any of the provisions of this section shall, upon conviction thereof, be subject to the General Penalty established in Section 1-5 of this Code.
Notwithstanding any penalties hereinabove described which may be imposed for the violation of any provision of this section, the Township, the authority or any duly authorized official may take such other action or institute such proceedings in any court of competent jurisdiction as shall be required to enforce the provisions of this section.
The residents of the Township are occasionally forced out of their homes by reason of fire, flood, or other catastrophe which renders their homes temporarily uninhabitable and there is currently no provision in the ordinances of the Township permitting temporary emergency housing for such persons, or provisions for other types of trailers. The Township Council finds that in order to preserve and protect the public's health, safety and welfare, temporary emergency housing for such persons, and other types of trailers should be permitted.
As used in this section:
- Fire, flood or other catastrophe by which residential dwellings in the Township are rendered temporarily uninhabitable.
- EMERGENCY HOUSING
- A trailer/mobile dwelling unit meeting the standards set forth under Article 6, entitled "Specific Use and Occupancy Requirements," Section 621 of the 1987 edition of the BOCA Code, and as further determined by the Construction Code Official.
- TRAILER/CONCESSIONS SOLD FOR RECREATIONAL ORGANIZATIONS
- Trailers used to sell concessions in conjunction with sporting events sponsored by a nonprofit organization serving residents of the Township.
- TRAILER/CONSTRUCTION OFFICE SALES UNIT
- A wheel-based commercial vehicle that is designed to be transported by traction and which is used or may be used commercially for conducting sales of dwelling units as part of development applications.
- TRAILER/CONSTRUCTION STORAGE UNIT
- A trailer utilized for the temporary storage of construction materials on a development site.
- TRAILER/MOBILE DWELLING UNIT
- Any structure designed for mounting upon wheels and could be used as a conveyance whether through its own or other motive power. Such "trailers" are normally connected to a cab or motorized unit for traveling or hauling. It shall be constructed or designed so as to permit the occupancy thereof as a permanent or temporary dwelling or sleeping place for one or more persons, and shall have no permanent foundation other than wheels, jacks, or skirtings.
Except as set forth herein or otherwise set forth in the Zoning Code of the Township, trailers are prohibited within the Township of Deptford.
Subject to the regulations and requirements set forth hereafter, trailers for "emergency housing," "construction office sales units," "construction storage," and "trailers used for concessions by recreational organizations" as defined herein are permitted.
All permits shall be issued through the Construction Code Official's Office. Each applicant must submit an application to the Construction Code Official together with a permit fee.
The application for a permit for temporary trailer shall be submitted to the Code Enforcement Officer and shall state:
The name and address of the owner of the trailer.
The number of occupants that will be occupying the trailer.
The name and addresses of the owners of the damaged permanent premises.
The location and distance of the nearest buildings immediately adjacent to the proposed trailer.
The proposed setback of such trailer from the roadway.
Provide a safe and sanitary method of sewerage disposal, if applicable.
Provide an adequate method of supplying potable water to the trailer, if applicable.
Provide a safe and sanitary method of garbage and trash disposal, if applicable.
Provide an adequate electrical service for the efficient illumination and safe operation of the appliances and equipment within the trailer.
Permits for "emergency housing" shall have a duration of six months. All other permits shall be for a term of one year.
The Construction Code Official shall grant an additional three months extension to an applicant for "emergency housing" provided the following conditions have been met:
Applicant has commenced significant construction of the permanent dwelling unit which was the subject of the catastrophe.
Applicant has applied for an extension in advance of the expiration of the original six-month period.
Applicant has complied with all of the requirements set forth herein and the trailer is otherwise consistent with the Zoning Code of the Township of Deptford.
|Other permits shall be issued by the Construction Code Official for additional one year periods provided new applications and application fees are paid and the applicant has complied with the terms of this section and the Zoning Laws of the Township. In no event shall a "construction office sales unit trailer" be permitted for over two years without the consent of Township Council.|
This section shall not apply to nor affect traveling carnivals, circus acts or organizations or groups of similar character which shall enter the Township having received written authority from the Township Council of the Township of Deptford, and from which carnival, circus act or similar group, a portion of the money received is turned over to a fire company, religious group or other civic enterprise in the Township of Deptford.
Should the applicant fail or refuse to abide by any of the conditions imposed by the Construction Code Official, the official may revoke the permit after affording the applicant a reasonable opportunity to correct the violation.
The Construction Code Official shall have the right to inspect the trailer in advance of issuing the permit and thereafter, upon reasonable notice, shall be permitted an inspection of the trailer, both inside and outside, at his discretion.
For the purpose of this section, it shall be presumed that an individual, partnership, corporation or other entity is storing any trailer as prohibited by this section when the trailer shall remain in the stationary position for more than 24 hours upon any private or public lands within the municipal limits. No permits for such trailer shall be issued by the Construction Code Official of the Township of Deptford.
Each application for a permit as required hereunder shall be accompanied by the following fees: