[HISTORY: Adopted by the Mayor and Council
of the Borough of Bradley Beach as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Moving of buildings; storage sheds — See Ch. 142.
Fire prevention — See Ch. 210.
Housing standards — See Ch.
262.
Liquid fuel — See Ch. 281.
Property maintenance and housing standards — See Ch. 350.
Relocation assistance — See Ch. 361.
Rental property — See Ch. 365.
Swimming pools — See Ch. 406.
Zoning — See Ch. 450.
[Adopted 12-21-1976 (Secs. 12-1.1 through 12-1.7 of the
1974 Code)]
[Amended 4-14-1992]
A.
There is hereby established in the Borough of Bradley
Beach a State Uniform 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. The Construction Official shall establish
the day-to-day operating routines of the agency and shall coordinate
the activities of the subcode officials. He shall be qualified in
accordance with Part IV of the Regulations, in at least one subcode.
B.
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] and N.J.A.C. 5:23, provided that, in lieu of any particular
subcode official, any on-site inspection agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one 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 such position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
C.
The public shall have the right to do business with
the enforcing agency at one office location except for emergencies
and unforeseen or unavoidable circumstances.
D.
No person employed by the enforcing agency as the
construction or subcode official, trainee, inspector or plan reviewer
shall engage in, or otherwise be connected directly or indirectly
for purposes of economic gain, with any business or employment furnishing
labor, material, appliances or services for the construction, alteration,
demolition or maintenance of buildings or structures within the Borough
of Bradley Beach; nor shall any such official or employee engage in
any other activity or work which conflicts with his official duties.
E.
Fees may be waived at the discretion of the enforcing
agency for the following autonomous agencies, such as public institutions.
[Amended 4-14-1992]
All appeals from decisions of the enforcing
agency shall be made to the Construction Board of Appeals of the County
of Monmouth.
[Amended 3-8-1977; 1-9-1979; 1-8-1980; 5-26-1981; 3-8-1983; 12-31-1984; 4-14-1992; Ord. No. 1993-03; Ord. No. 1999-20; Ord. No. 2000-02; Ord. No. 2001-11; Ord. No. 2002-12; Ord. No. 2003-13; 3-22-2004 by Ord. No.
2004-4; 2-8-2005 by Ord. No. 2005-2; 8-23-2005 by Ord. No. 2005-23; 3-13-2012 by Ord. No. 2012-4]
A.
Plan review fee. The fee for plan review shall be 20% of the amount
to be charged for a new constriction permit. There shall be an additional
fee of $50 per hour or part thereof per subcode having assigned plan
review responsibility for review of an amendment or change to a plan
that has already been released. This fee may be waived at the discretion
of the Construction Official in the event the work and review is of
minor nature.
B.
The basic construction fee shall be the sum of the parts computed
on the basis of the volume or the cost of construction, the number
of plumbing fixtures and pieces of equipment, the number of electric
fixtures and devices and the number of sprinklers, standpipes and
detectors (smoke and heat) at the unit rates and/or the applicable
flat fees provided herein plus any special fees. The minimum fee for
a basic construction permit covering any or all of building, plumbing,
electric or fire protection work shall be $60 per subcode except as
herein noted, as follows.
(1)
Building volume or cost. The fees for new construction or alteration
are as follows:
(a)
Fees for new construction shall be based upon the volume of
the structure. Volume shall be computed in accordance with N.J.A.C.
5:23-2.28. The new construction fee shall be in the amount of $0.034
per cubic foot of volume. The minimum fee shall be $125.
(b)
Fees for reconstruction, renovations, alterations and repairs
or site construction associated with premanufactured construction,
and external utility connections for premanufactured construction
shall be based upon the estimated cost of the work. The fee shall
be in the amount of $30 per $1,000 of the estimated cost of work up
to $50,000. From $50,001 to and including, $100,000, the additional
fee shall be in the amount of $24 per $1,000 of the estimated cost
above $50,000. Above $100,000, the additional fee shall be in the
amount of $18 per $1,000 of the estimated cost above $100,000.
(c)
For the purpose of determining the estimated cost, the applicant
shall submit such data as may be available produced by the architect
or engineer of record, or by a recognized estimating firm, or by the
contractor. A bona fide contractor's bid, if available, shall
be submitted. The construction official shall make the final decision
regarding estimated cost.
(d)
Fees for additions shall be computed on the same basis for new
construction of the added portion.
(f)
The fee for tents requiring a construction permit shall be $100.
(g)
The fee for temporary structures requiring a construction permit
shall be $75.
(h)
The fee for roofing and siding work completed on structures in shall be considered renovation and calculated as per Subsection B(1)(b) above. The maximum fee for a R-3 and R-5 structure shall be $400.
(i)
The fee for an aboveground swimming pool shall be $75.
(j)
The fee for an in-ground swimming pool with a surface area greater
than 800 square feet shall be $250: the fee for all other cases shall
be $150.
(k)
The fee for replacing barriers surrounding and enclosing swimming
pools required to have barriers shall be $60.
(l)
The fee for a permit to construct a sign shall be in the amount
of $2 per square foot of surface area of the sign, computed on one
side only for a double-faced sign. The minimum fee shall be $60.
(m)
The fee for a permit for lead hazard abatement work shall be
$161. The fee for lead abatement clearance certificate shall be $32.
(n)
The fee for a permit to move a building or structure from one lot to another, or to a new location on the same lot, shall be $81 plus an additional fee based upon the cost of the new foundation and alterations to the building and the placement of the building in its new location as required for renovations, alterations and repairs in Subsection B(1)(b).
(o)
The fee to erect a fence greater than six feet in height shall
be $60.
(p)
The fee for an asbestos removal permit shall be $81.
(q)
Fees for retaining walls that require a construction permit
shall be as follows:
[1]
The fee for a retaining wall with a surface area greater than 550
square feet that is associated with a Class 3 residential structure
shall be $150;
[2]
The fee for a retaining wall with a surface area of 550 square feet
or less that is associated with a Class 3 residential structure shall
be $75;
(r)
The fee for a demolition removal permit shall be $100 for structures
of less than 5,000 square feet in area and less than 30 feet in height,
and for one- and two-family residences. The fee shall be $200 for
all other structures. (Accessory structures, garages and sheds with
no utilities shall be $60.)
(2)
Plumbing fixtures and equipment. The fees shall be as follows:
(a)
The fee shall be $15 per plumbing fixture and or water closet,
urinal, bidet, bathtub, shower, lavatory, sink, laundry tub, floor
drains, drinking fountains, residential dishwashers, garbage disposals,
clothes washers, water heaters up to 99 gallons, recirculation systems,
roof drains, hose bibs, residential oil piping, manholes, reheat coils,
condensate drains, or similar devices, except as listed below.
(b)
The fee shall be $75 per special device for the following: grease
traps, oil separators, water utility connections per every 150 lineal
feet, sewer utility connections per every 150 lineal fee, commercial
dishwashers, backflow preventors in other than one- and two-family
dwellings, sewer pumps, interceptors, active solar systems and, testing
of waste and vents for modular homes.
(c)
The fee shall be $35 for the installation of lawn sprinkler
backflow preventors.
(d)
The fee shall be $60 for the installation of a boiler (hot water
or steam) up to 250,000 Btu's.
(e)
The fee shall be $250 for the installation of a boiler (hot
water or steam) 250,001 Btu's and above.
(f)
The fee for the installation of gas piping shall be $65 plus
$30 per appliance connection to the system.
(g)
The fee shall be $40 for the installation of a water heater
100 gallons and up.
(h)
The fee shall be $30 for commercial oil piping. Adding to an
existing system shall be $20.
(i)
For cross-connections and backflow preventors that are subject
to testing, the fee shall be $75 per device for each test.
(j)
The fee shall be $56 for the installation of air conditioning
for use groups R-2, R-3, R-4 and R-5.
(k)
The fee shall be $110 for the installation of industrial and
commercial air conditioning and refrigeration.
(l)
The fee for the installation of hydronic piping shall be $35
per every 100 lineal feet.
(m)
The fee for the installation of medical gas shall be $65 per
system plus $13 for each station, outlet, inlet, or alarm box.
(n)
The fee for the installation of a geo-thermal system shall be
$65.
(o)
The fee for the demolition of a sewer or water service, or a
septic system shall be $60.
(p)
The fee for the installation of pool drains associated with
swimming pools shall be $60.
(3)
The electrical subcode fees shall be as follows:
(a)
For the first block of one to 25 receptacles, fixtures or devices,
the fee shall be $36. For each additional block consisting of up to
25 receptacles, fixtures or devices, the fee shall be $20. For the
purpose of computing this fee, receptacles, fixtures or devise shall
include wall switches, convenience receptacles, light fixtures, exit
signs, emergency lights, smoke detectors, CO detectors, heat detectors,
communications points, rain sensor, CATV, intercoms, alarm devices,
glass-breaks, motion sensors, keypads, light standards eight feet
or less in height including luminaries, thermostats, energy management
points, sensors, dimmers, or similar electric fixtures and devices
rated 20 amperes or less including motors or equipment rated less
than one horsepower (hp) or one kilowatt(kW).
(b)
For each service equipment, panel board, load center, overhead
service entrance conductor, motor starter, motor control center, automatic
transfer switch, disconnecting means, and future electric, such as
circuits installed for future use or intermittent needs (All bonding
and grounding for the above items are included), the fee shall be:
(d)
For each generator, transformer, and all other items measured
in kW not specified in this fee schedule, the fee shall be:
(e)
For each piece or unit of equipment used for air conditioning,
refrigeration, measured in tonnage, the fee shall be $13 per ton.
(f)
For each swimming pool, spa, hydro-massage tub, hot tub or sauna,
(fee includes one GFCI, one timer, up to two underwater lights (UW),
bonding and trenches up to 150 lineal feet), the fee shall be:
[1]
Aboveground swimming pool for group R-5: $75.
[2]
In-ground swimming pool for group R-5: $100.
[3]
Swimming pool for all other groups: $150.
[4]
Spa, hydro-massage tub, hot tub, sauna: $35.
[5]
Annual commercial pool inspection: $65.
[6]
For each additional UW light, add: $5.
[7]
Trenches over 150 feet, add $43 for each 150 lineal feet.
(g)
For each burglar alarm panel, fire alarm panel, intercom panel,
audio video head-end panel, energy management control panel, communications
closet, and automated card access panels, the fee shall be $35 per
panel.
(h)
For each trench of 150 lineal feet for primary power, secondary
power, and communications, the fee shall be $35.
(j)
For light standards above 8.0 feet in height (includes first
150 lineal feet of trench), the fee shall be $15 per fixture. Trenches
over 150 lineal feet shall be $35 for each additional 150 lineal feet.
(k)
For each hardwired sign, the fee shall be $56.
(n)
For all lighting protection, lightning arrester systems, other than
service electrode, the fee shall be $13 for each point, lighting rod
or arrestor.
(o)
For each satellite dish, the fee shall be $43.
(4)
For fire protection and hazardous equipment, sprinklers, standpipes,
detectors (smoke and heat), pre-engineered suppression systems, gas-
and oil-fired appliances not connected to the plumbing system, kitchen
exhaust systems, incinerators, crematoriums, fireplaces and flues,
the fee shall be as follows:
(a)
Sprinkler heads and smoke or heat detectors.
[1]
The installation, relocation or alteration of sprinkler heads
and single or multiple-station smoke or heat detectors not connected
to a fire system panel:
[a]
The fee for 20 or fewer sprinkler heads or detectors
shall be $65.
[b]
The fee for 21 to and including 100 sprinkler heads
or detectors shall be $125.
[c]
The fee for 101 to and including 200 sprinkler
heads or detectors shall be $250.
[d]
The fee for 201 to and including 400 sprinkler
heads or detectors shall be $525.
[e]
The fee for 401 to and including 1,000 sprinkler
heads or detectors shall be $800.
[f]
The fee for over 1,000 sprinkler heads or detectors
shall be $1,050.
[2]
In computing fees for heads and detectors, the number of each
shall be counted separately, and two fees, one for heads and one for
detectors, shall be charged.
(b)
The fee for the installation of a fire alarm panel shall be
$50. The fee for each smoke and heat detector, pull station, horn,
strobe enunciator, tamper switch, flow switch, and any other device
connected to the fire alarm panel shall be as follows:
(c)
The fee for each standpipe shall be $210.
(d)
The fee for each independent pre-engineered system shall be
$100.
(e)
The fee for each gas- or oil-fired appliance shall be $60.
(f)
The fee for each commercial exhaust system shall be $75.
(g)
The fee for each gas fireplace shall be $60. The fee for each
solid fuel burning fireplace shall be $86.
(h)
The fee for each flue, vent and chimney liner shall be $55.
(i)
The fee shall be $69 for the installation of residential fuel
tanks.
(j)
The fee for the installation of commercial fuel tanks up to
and including 1,000 gallons shall be $120 each. For tanks 1,001 gallons
and above the fee shall be $225 each.
(k)
The fee for the removal or abandonment of a fuel storage tank
shall be $69 for each tank under 2,000 gallons and $100 for each tank
2,000 gallons and above.
(l)
The fee for each incinerator shall be $420.
(m)
The fee for each crematorium shall be $420.
(n)
The fee for fire-suppression system underground piping up to
the building shall be $75 per every 150 lineal feet.
(o)
The fee for the inspection of gasoline vapor/product line shall
be $69.
(p)
The fee for the installation of a smoke-control system shall
be $250.
(5)
Certificates and other fees as follows:
(a)
The fee for a certificate of occupancy shall be 10% of all construction
permit and permit update fees. The minimum fee shall be $85.
(b)
The fee for a certificate of occupancy granted pursuant to a
change of use group shall be $150.
(c)
The fee for a continued certificate of occupancy shall be $150.
(d)
The fee for a temporary certificate of occupancy shall be $30.
There shall be no fee for the first issuance of the temporary certificate
of occupancy, provided the certificate of occupancy fee is paid at
that time.
(e)
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10 shall be $75. The fee for a resubmission of an
application for a variation shall be $50.
(f)
The minimum fee for any building, electrical, fire and plumbing
permit shall be $60.
(g)
The fee to reinstate a lapsed construction permit shall be 10%
of the cost of the original permit, but in no case less than $60.
(h)
The fee for the issuance of a construction permit as a result
of changing from one contractor to another shall be $25 plus the fees
normally charged for any additional items that were not previously
included.
(i)
The fee for development-wide inspection of homes after the certificate
of occupancy ordered pursuant to N.J.A.C. 5:23-2.35 or otherwise shall
be:
[1]
The hourly charge shall be an amount equal to twice the hourly
base salary paid to any licensed code official(s) performing the work
or the hourly fees charged to the municipality by a professional contracted
to provide such services;
[2]
The fees, payments, accounting procedures and limits shall be
set in accordance with and subjected to N.J.A.C. 5:23-4.17(d)1 to
5.
(j)
Pursuant to the rules adopted by the New Jersey Department of
Children and Families, the fee for the issuance of a letter of verification
of the prior uses of a structure that is intended to be used for a
child-care facility shall be $86.
C.
The Construction Official shall, with advice of the subcode official,
prepare and submit to the Borough Council of the Borough of Bradley
Beach, annually, a report recommending a fee schedule based on the
operating expenses of the agency, and any other expenses of the municipality
fairly attributable to the enforcement of the State Uniform Construction
Code.
D.
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act, the
enforcing agency shall collect a state permit fee as required by New
Jersey Administrative Code.
[Added 4-14-1992; amended by Ord. No. 1994-08; 6-22-2010 by Ord. No. 2010-4; 2-22-2011 by Ord. No. 2011-2]
A.
The fee
for a certificate of occupancy issued in reference to the rental or
change of occupancy of any residential unit shall be $50 for each
residential unit. The fee for a certificate of occupancy issued in
reference to a sale or other transfer of title of a property containing
a single-family dwelling structure shall be $90. The fee for a certificate
of occupancy issued in reference to a sale or other transfer of title
of any property containing a single-family dwelling structure and
an additional accessory unit, or consisting of a two-family dwelling
structure, shall be $100.
B.
(Reserved)
C.
The fee
for a certificate of occupancy for a multi-unit dwelling structure,
other than a two-unit dwelling structure as described herein above,
shall be $125 up to five units. The fee for a certificate of occupancy
for a multi-unit dwelling structure in excess of five units shall
be $125 plus $30 per each additional unit in excess of five units.
D.
The fee
for a certificate of occupancy issued in reference to the rental or
change of occupancy of any commercial unit shall be $90 for each commercial
unit. The fee for a certificate of occupancy issued in reference to
a sale or other transfer of title of a single-unit commercial structure
shall be $145. The fee for a certificate of occupancy issued in reference
to the sale of transfer of title of multi-unit structures containing
a commercial unit shall be $145 plus $30 for each additional commercial
or residential unit.
E.
The fee
for a reinspection in connection with any certificate of occupancy
shall be $25 per unit.
F.
The fees
herein are applicable to all applications for certificates of occupancy
received by the Borough of Bradley Beach more than 10 days prior to
the occupancy, rental, sale, transfer of title or other act, occurrence
or circumstance in reference to which the application is made. For
all applications made within 10 to five days prior to any such occupancy,
rental, sale, transfer of title or other act, occurrence or circumstance,
in addition to the fees described herein, the Borough shall assess
an additional fee of $25. For all applications made within four days
or less prior to any occupancy, rental, sale, transfer of title or
other act, occurrence or circumstance, in addition to the fees described
herein, the Borough shall assess an additional fee of $50.
A.
The fire limits heretofore established by the applicable
Borough ordinances shall be considered to be the fire limits established
as required by N.J.A.C. 5:23.
B.
The Construction Official shall prepare and submit
to the Borough Council of the Borough, biannually, a report reevaluating
the delineation of the fire limits. This report shall indicate the
recommendations of the Construction Official, the building subcode
official, and the fire subcode official regarding those areas which
should be designated as within fire limits, with the reasons therefor.
[Amended 6-22-1982]
The fire districts of the Borough shall be established
as follows:
A.
Fire District Number One. Beginning at a point in
the southern boundary of the Borough 150 feet east of the east line
of Main Street; thence northerly parallel to Main Street to the northern
boundary of the Borough; thence westerly along the northern boundary
to the western boundary of the Borough; thence southerly along the
western boundary of the Borough to its intersection with the southern
boundary of the Borough; thence easterly to the point of beginning.
B.
Fire District Number Two. Beginning at a point in
the northern boundary line of the Borough at its intersection with
the center line of Ocean Avenue extended; thence southerly along the
center line of Ocean Avenue to the southern boundary of the Borough;
thence westerly to the center line of Beach Avenue extended; thence
northerly along the center line of Beach Avenue extended; thence northerly
along the center line of Beach Avenue to the northern boundary of
the Borough; thence eastwardly along the northern boundary of the
Borough to the point of beginning.
C.
All other areas shall be designated "Outside Fire
Limits."
[Adopted 2-23-1971 (Secs. 12-1.8 through 12-1.19 of the
1974 Code)]
[Amended 1-9-1979]
No person shall occupy, rent, lease, sell, transfer
title or permit the occupancy, letting or sale, or allow any person
to live in or upon or inhabit as a tenant or occupant or to occupy
as any new owner or co-tenant or co-owner any dwelling house or dwelling
unit or any portion of a premises occupied for a separate and distinct
commercial use within the confines of the Borough unless such person
first obtains from the Code Enforcement Officer of the Borough a certificate
of occupancy and permit authorizing any of the foregoing and when
any of the foregoing shall take place.
[Amended 1-9-1979]
The provisions of § 160-3 shall apply to any and all new additional lettings, tenants, transfers of title of premises or any part thereof and occupancies of any dwelling house or dwelling unit or portion of premises occupied for a separate and distinct use within the Borough upon the vacating of same by any and each occupant hereafter whether the occupant was a tenant or owner, occupant or co-owner not covered by either of the foregoing as may hereafter occur whether the reoccupancy is by virtue of transfer of title of the dwelling house or dwelling unit or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated.
[Amended 4-23-1974; 1-9-1979; 3-27-1979]
As used in this chapter, dwelling house shall
include but not be limited to any one-family dwelling constructed
for or occupied by more than one family, and a dwelling unit as applicable
to this chapter shall include any and all apartments or portions of
apartments in any apartment house or apartment structure and shall
also include any and all living quarters and rooms in any motel where
the rental thereof is for 30 days or more. A dwelling unit shall also
include a unit in a condominium and that the sale or rental of any
such condominium unit shall require certificates of occupancy applications
and approvals, as set forth in this chapter, the same as required
for any dwelling house or dwelling unit requiring the foregoing. This
shall apply to every dwelling house and to every dwelling unit as
defined aforesaid within the Borough whether the same are situated
in single-dwelling structures or multiple-dwelling structures; but
there shall be deemed excluded from this section any hotel room, boardinghouse
room and rooming house room rentals; but there shall not be deemed
excluded therefrom the sale, rental, or transfer of title to any hotel,
rooming house, boardinghouse or motel; and nothing contained herein
shall exempt any of the buildings or parts of buildings covered by
this section from full and complete compliance with any other provisions
of any ordinance of the Borough as the same may be applicable. As
used in this chapter, a commercial use shall mean any use or occupancy
that is not residential.
[Added 5-24-2016 by Ord. No. 2016-24]
As used in this article, the following terms shall have the
meanings as indicated:
A reasonable number of persons (in relation to available
sleeping and bathroom facilities) occupying a dwelling unit and living
as a bona fide single, nonprofit housekeeping unit, living and cooking
together, and constituting a stable and permanent living unit of a
distinct domestic character, being a traditional family unit or the
functional equivalent thereof, using certain rooms and housekeeping
facilities in common.
This definition shall not include any society, club, fraternity,
sorority, association, lodge, combine, federation, group, coterie
or organization which is not a recognized religious order.
For the purposes of this definition, there shall be a presumption
that a collective group of persons related by kinship, adoption, blood
or marriage living together under the same roof and maintaining a
common household or distinct relationship on a permanent basis or
for an indefinite period of time, including domestic servants, does
constitute a “family” within the meaning of this definition.
A building arranged or used for individual nontransient residency
by persons living independently of one another, regardless of whether
the residents share the use of common facilities, such as kitchen
or bathing facilities; and where no meals or personal or financial
services are provided to the residents.
[Added by Ord. No. 1996-25]
The Code Official shall issue a certificate
of occupancy upon completion of a satisfactory inspection in accordance
with the provisions of this chapter. In the case of residential rental
units, the Code Official shall reinspect all residential rental units
upon the transfer of ownership of the property and upon a change in
the tenant for said unit. Except for multiunit residential dwelling
units under the jurisdiction of the Bureau of Housing Inspection,
Division of the Department of Community Affairs, State of New Jersey,
the certificate of occupancy for residential rental units shall be
for a term of three years or until the change in ownership of the
property or a change in the tenant of the property, whichever event
is sooner.
[Added by Ord. No. 1996-25]
All residential units in the Borough, except for the multiunit residential dwelling units which are required to be reinspected by the State of New Jersey every five years, which have not been reinspected within the last three years from the effective date of this chapter, shall be reinspected by the Code Official within the next 12 months, and said inspection shall be for the period set forth in § 160-10.
[Amended 1-9-1979; 6-27-1989]
Prior to the rental, transfer of title or occupancy
of any dwelling, dwelling unit or commercial use, application for
a certificate of occupancy shall be made in writing to the Code Enforcement
Officer, and consent shall be given therewith to the Code Enforcement
Officer to enter upon and examine the dwelling house, dwelling unit
or commercial occupancy wherein the same may be situated for which
the application is applied for, so that the Code Enforcement Officer
may determine whether or not the same complies with all municipal
ordinances, rules and regulations effecting the use and occupancy
of such structure. When a determination is made by the Code Enforcement
Officer that violations exist, notification shall be given in writing
to the applicant delineating the violations. If the Code Enforcement
Officer concludes that the violations are not a risk to life, safety
or health, a temporary certificate of occupancy may be issued permitting
occupancy, provided a letter of intent is supplied by the applicant
to the Code Enforcement Officer stating that the cited violations
shall be abated within a twenty-day period from the date of the violation
notification. The Code Enforcement Officer shall make a reinspection
on the 21st day, and if all violations have not been satisfactorily
abated, the temporary certificate of occupancy shall be rescinded,
thereby requiring any occupancy to immediately cease pending the issuance
of a final certificate of occupancy. No final certificate of occupancy
shall be issued unless there is full and complete compliance with
all of the foregoing.
[Amended 9-26-1978; 1-9-1979; 11-12-1980]
Each application for a certificate of occupancy
shall be made in writing and shall state the name and address of the
owner-occupant, tenant-occupant or any other occupant of the same
and also the name and address of the new proposed owner-occupant or
any other proposed occupant. It shall further state the name and address
of the renting agent, if any, and shall describe the premises to be
occupied, including the street address and a designation of the portion
of the premises or structures for which the specific application is
being made; and it shall set forth the number of persons who shall
occupy any and all portions of the premises, including the specific
portion for which the application is being made and the specific room
in the premises to be occupied for sleeping purposes and the number
of persons to occupy each sleeping room.
A.
In order to protect the health and increase the safety and welfare of the citizens and residents of the Borough, it shall be a further requirement for the issuance of the certificate of occupancy provided for in § 160-7 that each dwelling, motel unit and hotel room, multifamily dwelling unit or garden apartment unit shall be provided with a minimum of one approved Underwriters Laboratories, Inc. (U.L.)-tested and labeled smoke detector sensing visible or invisible particles of combustion installed in a manner and location consistent with its listing and approved by the Code Enforcement Officer. When activated, the detector shall provide an alarm suitable to warn occupants within the dwelling, motel unit and hotel room, multifamily dwelling unit or garden apartment. The Code Enforcement Officer shall have authority to approve the quantity and location of each such detector.
B.
In order to protect the health and increase the safety and welfare of the citizens and residents of the Borough, it shall be a further requirement for the issuance of the certificate of occupancy provided for in § 160-7 that each dwelling house containing a furnace for the generation of heat, contained within the ceiling area immediately above the said furnace and for an area extending two feet beyond said furnace on all sides, one-half-inch Sheetrock, properly taped and spackled and fire-retardant "intumescent" paint. The appropriate subcode official shall have authority to approve the quality, location and installation of said Sheetrock.
Any person, including any real estate broker
or real estate agent or any representative of any of the foregoing,
who in any manner fails to fully comply with the terms and covenants
of this chapter and who is a part of any transaction resulting in
the violation of any of the terms and provisions of this chapter shall
be deemed to have violated the terms and provisions of this chapter
and shall be subject to the penalties provided for herein, unless
and until a certificate of occupancy is issued.
All violations of this chapter by any person,
whether the person be the owner of the premises, the agent or any
party as aforesaid, or the tenant or the occupant shall be deemed
separate and distinct violations for each and every day that the violation
may continue, and all parties violating this chapter shall be deemed
jointly and severally liable for any and all such violations.
A certificate of occupancy shall be issued solely by the Code Enforcement Officer without the necessity of approval by the Borough Council. The fee for the issuance of a certificate of occupancy as provided for herein shall be as stated in § 160-3. The fee shall be paid at the time of filing the application for the certificate of occupancy.
All buildings or dwelling houses, for which
an application shall have been filed, shall fully comply with all
municipal ordinances or requisite municipal requirements for the structures
or units. In addition thereto but not in limitation thereof, any and
all structures, dwelling houses or dwelling units for which application
for a certificate of occupancy shall be made shall be deemed violative
of this chapter, for which a certificate of occupancy shall not be
issued, in the event that any such structure, dwelling house or dwelling
unit, in the opinion of the Code Enforcement Officer, is in need of
proper repairs for habitation or is in a dilapidated condition which
might constitute a health or fire hazard or if the same has a lack
of adequate sewerage facilities, plumbing facilities, proper water
or toilet facilities, inadequate electrical wiring or facilities or
is unfit for human habitation or proper and healthful use and occupancy
or may be overcrowded by virtue of the number of proposed occupants
which might constitute a health or fire hazard, of which by virtue
of any combination of any of the foregoing or any matters not specifically
enumerated which may be deemed hazardous as to the health and welfare
of the occupants or proposed occupants or of any adjoining properties
or other persons within the municipality. The Code Enforcement Officer
shall specify the corrections to be made to the premises for a certificate
of occupancy to be issued.
All owners or renting agents or real estate
agents or any person applying for a certificate of occupancy as provided
for herein shall be required to request inspection of the structure
or unit in question which may be or is about to be vacated or rerented
or reoccupied or sold, to ascertain what is required to gain approval
for rental, sale or occupancy and shall advise the Code Enforcement
Officer of the reasonable time that the inspection may be made and
have someone present to assist with the entry for the inspection purposes.
The Code Enforcement Officer shall comply with the request within
a reasonable period of time and when proper shall issue the requisite
certificate of occupancy within a reasonable period of time.
No tenant, owner or occupant shall sublease,
transfer title, permit the use or occupancy of any dwelling house,
dwelling unit or structure without following the procedures set forth
and required by this chapter, nor shall any real estate broker or
agent or representative of any of the foregoing permit any of the
foregoing.
[Amended 9-11-1973; Ord.
No. 2003-21]
