[HISTORY: Adopted by the Township Council of the Township of Jackson 6-25-2013 by Ord. No. 15-13. Amendments noted where applicable.]
Moving of buildings and structures — See Ch. 127.
Unsafe buildings and structures — See Ch. 133.
Uniform construction codes — See Ch. 162.
Fire prevention — See Ch. 204.
Garbage, rubbish and waste material — See Ch. 216.
Land use and development regulations — See Ch. 244.
Editor's Note: This ordinance also repealed former Ch. 139, Building Standards, Commercial, adopted 2-28-2005 by Ord. No. 10-05 (Ch. 45 of the 1972 Code).
The provisions of this chapter shall constitute the standards to guide the Commercial Building Inspector or his agents in determining the fitness of a building or occupancy and if the building or occupancy has lawfully existed.
The said code established and adopted by this chapter is described and commonly known as the "Commercial Building Standards of New Jersey."
As used in this chapter, the following terms shall have the meanings indicated:
- ADMINISTRATIVE AUTHORITY
- The department, branch or agency of this municipality which is authorized by the adopting ordinance to administer the provisions of this code.
- A structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing shelter, enclosure and support of individual, animals or property of any kind. When used herein, "building" and "structure" shall be interchangeable except where the context clearly indicates otherwise.
- CERTIFICATE OF CONTINUED OCCUPANCY
- Indicating that as a result of a general inspection of the visible parts of the building, no violations have been determined to have occurred and no unsafe conditions have been found, and that the existing use of the building has heretofore lawfully existed.
- CHANGE OF USE
- A change from one use to another use in a building or tenancy or portion thereof.
- Of or connected with commerce, made or done for sale or profit.
- Plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire prevention/suppression equipment, and elevators, dumbwaiters, escalators, boilers, pressure vessels and other mechanical facilities or installations which are related to building services.
- The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
- The presence, within or around a building, of any insects, rodents or other pests.
- To look at carefully; to examine or review officially.
- One who inspects; official examiner.
- The replacement or mending of existing work with equivalent materials for the purpose of safety, healthfulness and upkeep of the structure and the adherence to such other standards of upkeep as are required in the interest of public safety, health and welfare.
- Any person or persons in actual possession of and occupying a building, including the owner.
- Any person properly authorized to exercise powers of or for an owner of property for purposes of its purchase, sale, use, occupancy or maintenance.
- PRIOR APPROVALS
- The necessary certifications or approvals issued, which are conditions precedent to the issuance of a continuous certificate of occupancy, as the case may be. Prior approvals shall include, but not be limited to, the following:
- Includes all combustible and noncombustible waste material, except garbage.
- A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land.
- USE GROUP
- The classification of an occupancy.
- Includes electric, gas, heating, water and sewerage services and equipment therefor.
- To make vacant.
Every commercial structure shall be provided with a safe supply of potable water meeting the standards as set forth in Potable Water Standards as published by the New Jersey State Department of Health. The source of such water supply shall be approved by the New Jersey Department of Health and/or the Ocean County Health Department and pursuant to the adopted National Standard Plumbing Code as referenced in Section 7.21.5, entitled "Substitution and Omission of Fixtures." The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be in compliance of the adopted code enforced by the Building Department.
Every commercial building or occupancy shall provide the following facilities:
Every water closet and lavatory for each structure or occupancy shall be accessible from within the building without passing through any other structure or occupancy.
Every plumbing fixture shall be connected to water and sewer systems approved by the Ocean County Board of Health or the Jackson Township Municipal Utilities Authority and shall be maintained in good working condition.
Every commercial structure or occupancy shall have water-heating facilities which are installed and maintained in good and safe working condition, connected with the hot- water lines required and capable of delivering water at a minimum temperature that is in compliance with the adopted code enforced by the Building Department.
Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers.
Every commercial building or occupancy shall have and shall have maintained the approved lighting approved at the time the certificate of occupancy was issued.
Every commercial building or occupancy shall have maintained the approved ventilation approved at the time the certificate of occupancy was issued.
Every commercial building or occupancy shall have and shall have maintained the approved heating equipment approved at the time the certificate of occupancy was issued. Every heating appliance, except for electrical, shall be properly vented to a chimney or flue leading to the outdoors.
Every commercial building or occupancy shall have and shall have maintained a safe and unobstructed means of egress. Such means of egress shall lead to a safe and open space at ground level accessible to a street or approved area.
Every commercial building or occupancy having an elevator, dumbwaiter, etc., shall have an annual certification performed by the authorized authority. Said certification shall be posted and a copy shall be made available at the time of the inspection.
Every commercial building or occupancy having fire-protection equipment shall have an annual certification performed on its fire alarm, fire extinguishers and sprinkler system by a licensed agency. Said certification shall be posted, and a copy shall be provided at the time of the inspection.
Every commercial building or occupancy having a kitchen suppression system shall have a six-month certification performed by a licensed agency. Said certification shall be posted, and a copy shall be provided at the time of the inspection.
Every commercial building or occupancy shall comply with the following maintenance standards, as appropriate:
Every foundation, floor, wall, ceiling, door, window, roof or other part of a building or occupancy shall be kept in good repair and capable of the use intended by its design, and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well maintained.
Every inside and outside stairway and appurtenance thereto shall be maintained in a sound condition and in good repair for its intended use and capable of supporting the load that normal use may cause to be placed thereto. Every stairway having three or more steps shall be properly bannistered and safely balustraded as approved when issued a certificate of occupancy.
Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
Every foundation, floor and wall of a dwelling shall be free from chronic dampness.
Every commercial building or occupancy shall be free from rodents, vermin and insects. The Ocean County Board of Health may require rodent or vermin extermination and rodentproofing and verminproofing.
All exterior wiring and lighting shall be in good and operating condition.
All egress and ingress walkways shall be in a safe condition.
All associated outbuildings shall be in a safe condition.
All common areas shall be inspected for safe and operable condition (which shall include but not be limited to, boiler rooms, furnace rooms, storage areas and laundry rooms).
Each commercial building or occupancy shall have been approved and issued a certificate of occupancy by the Building Department prior to application for a continuous certificate of occupancy.
All terms of the original certificate of occupancy must be met, which includes the use group, occupant load and live load. If an application proposes any deviations from the original floor plan that impact the means of egress, occupant load, live load or dead load, the submission of a certification prepared by a licensed architect verifying the occupancy is required.
[Amended 1-31-2020 by Ord. No. 01-20]
All prior approvals must be submitted with the application for a continuous certificate of occupancy.
The owners and occupants of commercial structures shall have the following responsibilities and duties:
No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this code to be removed from, shut off or disconnected in any occupied commercial structure, except for such temporary interruption as may be necessary while actual repairs or alterations are in the process or during temporary emergencies when discontinuance of service is authorized by the Construction Official and/or the Fire Official of the appropriate fire district.
The owner of a commercial structure located in an area found by the Inspector(s) to be infested by rats, insects or other vermin shall carry out such rat stoppage, vermin proofing or other means of preventing infestations of said structure as may be required by the Ocean County Board of Health.
No owner shall occupy or lease to an occupant any vacant structure or part thereof unless it is clean and sanitary.
Every owner of a commercial structure shall be responsible for maintaining in a clean and sanitary condition the common areas of the structure or premises thereof.
It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in Subsections G and H of this section or not otherwise prohibited by municipal ordinance shall be done in an orderly manner so as to not constitute a health, safety or fire hazard.
Every occupant of a commercial structure shall keep in a clean and sanitary condition that part of the structure which he occupies and controls.
Every occupant of a commercial structure shall dispose of all his/her garbage and any other organic waste which might provide food for rodents by placing it in the garbage disposal facilities or garbage storage receptacles required by § 139-6 of this chapter.
Every occupant of a commercial structure shall dispose of his/her rubbish in a clean, sanitary manner by placing it in the rubbish containers required by § 139-6 of this chapter.
Every occupant of a commercial structure shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage and rubbish from the premises each week in accordance with such regulations of this municipality for the collection of garbage and rubbish.
Every occupant of a commercial structure shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
In the absence of a contract or agreement to the contrary, the owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever two or more occupancies are heated by a common facility.
The owner shall be responsible for compliance with provisions of this chapter not specified as the responsibility of the occupants.
The owner or occupant shall verify that the proposed occupancy is not a change of use prior to taking occupancy. Verification shall be made either through consultation with a licensed architect or verification by the Construction Code Official or his designee.
[Added 1-31-2020 by Ord. No. 01-20]
There is hereby created the position of the Commercial Building Inspector of the Township. The appointee shall be the Construction Official and assisted by members of his staff.
The Commercial Building Inspector is hereby authorized and empowered to exercise all powers as may be necessary to carry out and effectuate the purpose and provisions of this chapter, including the following, in addition to other powers herein granted:
To inspect commercial structures and/or occupancies of the Township to determine if a continuous certificate of occupancy should be issued.
To administer oaths, affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
If a notice of violation and orders to terminate have not been complied with, the Commercial Building Inspector, in addition to any other available remedies likely to bring about compliance, may request the legal counsel of the municipality, or of the joint enforcement agency, to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter.
The Commercial Building Inspector or his agents, upon affidavit, shall apply to the Judge of the Municipal Court of the Township for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he/she may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist. A search warrant may also be issued for the routine, periodic inspection of all commercial structures in a given area based upon possible cause, such as passage of time since the last inspection, the nature of the buildings and structures involved, observation of deterioration of the general area and the like.
No person shall occupy as owner or occupant or rent to another for occupancy any commercial structure or unit, for the purposes of conducting business therein, which does not conform to the provisions of this chapter as the standard to be used in determining whether a commercial structure or occupancy is in compliance with its use group, safe, sanitary and fit for occupancy.
The fee to be charged for a continuous certificate of occupancy will be the sum of $200. This amount will be for each occupancy rented/leased or resale inspected by the Commercial Building Inspector.
Any reinspection of the subject premises caused by lack of compliance with the provisions of this chapter shall require a fee of $50 for each inspector (building, electrical, fire or plumbing) to be paid prior to the reinspection.
Service of notice may be made by personal delivery or by leaving a copy at the structure or occupancy with a competent member of employment or at the usual place of abode of such person or by regular and certified mail.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by fine not to exceed $2,000 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment; and each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense. The Township of Jackson may, at its discretion, seek injunctive relief from a court of competent jurisdiction of the State of New Jersey.