[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 6-12-2013 by Ord. No. 03-2013. Amendments noted where applicable.]
Uniform construction codes — See Ch. 90.
Property maintenance — See Ch. 151.
Subdivision and land development — See Ch. 170.
Zoning — See Ch. 200.
Editor's Note: This ordinance was adopted as Ch. 152, but was renumbered to maintain the alphabetical organization of the Code.
This chapter, together with the New Jersey State Housing Code, shall be known as the "Housing Code of the Borough of Folsom, Atlantic County, New Jersey" and shall be referred to as the "Housing Code." The purpose of this chapter is to protect the public health, safety and welfare and to assure that housing within the Borough of Folsom is fit for human habitation and occupancy.
The New Jersey State Housing Code, as approved by the Department of Community Affairs, is accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in the Borough of Folsom are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this chapter, and three copies of the New Jersey State Housing Code shall be placed on file in the office of the Borough Clerk and be available to any person desiring to use and examine such code.
Editor's Note: Said code is on file in the Borough offices.
Pursuant to N.J.A.C. 5:28-1.2, the Zoning Officer of the Borough of Folsom is designated and appointed as the Public Officer who shall exercise the powers prescribed by and shall enforce the provisions of this chapter. The Zoning Officer shall serve in such capacity without any additional compensation, unless specifically authorized by ordinance.
Whenever the public officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, such officer shall give notice of such alleged violation to the person or persons responsible therefor. Such notice shall:
Be put in writing;
Include a statement of the reasons why it is being issued;
Allow reasonable time for the performance of any act it requires; and
Be served upon the owner or the owner's agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, with a copy they are served upon such person personally, or if a copy thereof is sent by certified mail, to the last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if the notice is served by any other method authorized under the laws of the State of New Jersey. Such notice may contain an outline of remedial action which, if taken, will result in compliance with the provisions of this chapter.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and should be granted a hearing before the public officer or the public officer's designee, provided that such person shall file in the Zoning office a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the date the notice was served. Upon receipt of such petition, the Zoning Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
After such hearing, the public officer shall sustain, modify or withdraw the notice, depending upon such officer's findings as to whether the provisions of this chapter have been complied with. If the public officer sustains or modifies such notice, it shall be deemed to be an order. Any notice, pursuant to this chapter, shall automatically become an order if a written petition for a hearing is not filed with the public officer within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision of the public officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the public officer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by such decision may seek relief in the Superior Court of New Jersey, Atlantic County.
The minimum penalty for the violation of any other provisions of this chapter shall be $100.
Each violation of any other provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
The imposition of a penalty for violation of this chapter shall not excuse the violation and shall not prevent the enforced removal of the prohibited conditions, and each day the prohibited condition continues shall constitute a separate and distinct offense.
The public officer is authorized and directed to make inspections to determine the conditions of rental residential units and other residential units upon resale or rerental in order to safeguard the health and safety of residents. Such inspections shall be in addition to the inspection by the Construction Official provided for in § 151-4 and shall be limited to compliance with this chapter. For the purpose of making such inspections, the public officer is authorized to enter, examine and survey rental and other residential units upon resale or rerental. The public officer shall coordinate such inspections with the Construction Official so as to avoid or minimize, to the extent practical, multiple inspections. Any inspection undertaken by the public officer in connection with the issuance of a certificate of continued occupancy shall be subject to a charge of $50 to cover the cost of inspection, and such amount shall be paid to the Construction Official at the time the application for a continued certificate of occupancy is filed and shall not be returnable.
The public officer may apply to the Municipal Court of the Borough of Folsom for a search warrant to gain access to any structure when there is probable cause that a violation of this chapter is occurring.
For purposes of this chapter, the public officer may determine that a residential unit is unfit for human habitation if he finds that conditions exist in such unit which are dangerous or injurious to the health, safety or welfare of the occupants of such unit, the occupants of neighboring residential units or other residents of the Borough. Such conditions may include, without limiting the generality of the foregoing, defects therein which increase the hazard of fire, accident or other calamities; lack of adequate light or sanitary facilities; dilapidation, disrepair, structural defect; or uncleanliness.
Occupancy requirements. No person shall occupy or rent to another or permit occupancy by another of any residential unit for the purpose of living therein which does not comply with the following requirements:
Required space in dwelling units. Every residential unit shall contain a minimum gross floor area of not less than 200 feet for the first occupancy and 150 feet for each additional occupant. The floor area shall be calculated on the basis of the total area of habitable rooms.
Required space in sleeping rooms. In every residential unit of two or more rooms, every room occupied for sleeping purposes of one occupant shall contain at least 90 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of additional floor space for each occupant thereof. Every residential unit shall have a living room of at least 120 square feet for occupancy by one to five occupants and at least 150 square feet for six or more occupants.
Separation of sleeping rooms. Each room occupied for sleeping purposes shall be separated from all other rooms by doors that afford privacy.
Minimum ceiling heights. At least 1/2 of the floor area of every habitable room shall have a minimum ceiling height of at least seven feet. The floor area of any part of a room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for determining the maximum permissible occupancy thereof.
Bathroom accessibility. Every sleeping room shall have access to at least one bathroom without passing through another bedroom. Every sleeping room shall have access to at least one bathroom located on the same story as the sleeping room.
Basic facilities. Minimum sanitary facilities shall be supplied and maintained in a sanitary and safe working condition.
Every residential unit shall contain a room which affords privacy to a person in the room and which is equipped with a bathtub or shower, a sink and a toilet.
Kitchen sink. Every residential unit shall contain a kitchen sink apart from the required bathroom.
Water-heating facilities. Every residential unit shall be supplied with water heating facilities connected with hot water lines to the fixtures required to be supplied with hot water, such as the kitchen sink and any bathroom sink. Water-heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required sink, bathtub, shower and laundry facility or other similar uses at a temperature of not less than 120º F. at any time needed.
Heating facilities. Every residential unit shall have heating facilities which are properly installed, maintained in safe and good working condition and capable of safely and adequately heating all habitable rooms and bathrooms to a temperature of at least 65º F. at a distance three feet above floor level under ordinary winter conditions.
Prohibited occupancy. Kitchens and nonhabitable space shall not be used for sleeping purposes.
Light and ventilation.
Natural light in habitable rooms. Every habitable room shall have at least one window of approved size facing directly to the outdoors. The minimum total window area for every habitable room shall be 10% of the floor area of such room, except in kitchens where artificial light may be provided.
Light in nonhabitable workspace. Every laundry, furnace room and similar nonhabitable workspace shall have one supplied electric light fixture available at all times.
Adequate ventilation. Every habitable room shall have at least one window which can be easily opened or have another device which will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area required above, except where mechanical ventilation is provided in accordance with the construction code.
Ventilation and light in bathroom. Every bathroom or toilet room (half bath) shall comply with the light and ventilation requirements for habitable rooms, except that no window shall be required where equipped with an approved ventilation system.
Food preparation. All spaces occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner.
Under no circumstances shall any sleeping area be permitted in a basement unless the basement has direct access to outside.