[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 4-2-2019 by Ord. No. 2019-10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 66,
Rental Property, adopted 6-1-2004 by Ord. No. 9-2004, as amended.
The purpose of this chapter is to ensure the health, safety
and welfare of all tenants residing in rental properties as well as
all other residents and visitors to the Borough of Washington.
For use in this chapter only, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A certificate issued by the Office of Housing only subsequent
to a successful inspection conducted by the Housing Inspector finding
no violations. No certificate of housing shall be issued if any open
violations exist.
The officer of the Borough of Washington located within the Office of Housing which shall be primarily responsible for administering this chapter and all polices and procedures herein as designated by § 66-16 of this chapter.
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
That office within the Borough of Washington which shall
administer this chapter and shall keep records associated with same.
The primary residential living unit of the owner is located
within the rental property.
A person who:
The cleanliness and proper working order and upkeep of all
areas and facilities of the rental unit, rental property or complex
used by the tenants and the public.
Any house, structure, building or complex which contains
one or more individual residential rental units other than owner-occupied
houses, structures or buildings.
A statement of information about the property required by
the Office of Housing. No property shall be permitted to be rented
without submission of a rental registration statement. No property
shall be permitted to register without a valid certificate of housing
beginning July 31, 2020, and continuing annually in perpetuity thereafter.
Includes that portion of a house, building or structure rented
or offered for rent, for living and dwelling purposes, to individuals
or family units.
To live or dwell permanently or continuously for more than
14 days. Said days need not be consecutive, but must occur within
a reasonably short period of time to evidence an intent to utilize
the rental unit as the person's primary place of residence.
Those persons who have leased the rental unit from the owner,
regardless of the type of tenancy under which they occupy the rental
unit.
A.
The provisions of this chapter shall not apply to owner-occupied
units located within a rental property of not more than two units
per property.
B.
The provisions of this chapter shall not apply to rental properties
under the supervision of public housing authorities or that exclusively
provide restricted senior housing or housing for the developmentally
disabled.
A.
The owner of every rental property located in the Borough of Washington
and regulated by this chapter shall file a rental property registration
statement with the Office of Housing. Forms for said filing can be
obtained from the Office of Housing. The Office of Housing shall provide
copies of all rental property registration statements to the 911 Dispatch,
the Police Chief, the Fire Chief, the Construction and Zoning Officials,
all other applicable local enforcement agencies and the local Board
of Education. Said information will be kept confidential, and any
personal identifying information will not be distributed or utilized
in any manner not set forth herein unless required by law. No property
shall be permitted to be rented or leased without a valid rental property
registration as prescribed herein.
B.
A rental property registration statement shall be filed on an annual basis for each rental unit on or before July 31 of each year. The annual registration fee for each unit shall be in accordance with the fee schedule set forth herein. Beginning July 31, 2020, and continuing annually in perpetuity thereafter, no property shall be permitted to be registered without a valid certificate of housing as prescribed herein. Properties shall be duly registered not later than August 15 of each year, after which point the record owner or owners, registered agents, corporate officers or other responsible individuals, as defined in this chapter, shall be subject to fines and penalties as set forth in § 66-22 of this chapter.
C.
The rental property registration statement form shall require the
submission of the following information:
(1)
The name, address and telephone number of the record owner or owners
of the premises and the record owner or owners of the rental business
if not the same persons. In the case of a partnership, the names of
all general partners shall be provided. If the record owner is a corporation,
the name and address of the registered agent and corporate officers
of said corporation shall be provided;
(2)
If the address of any record owner is not located in the county in
which the premises is located, the name, address and telephone number
of a person who resides in the county in which the premises is located
and is authorized to accept notices from a tenant and to issue receipts
therefor and to accept service of process on behalf of the record
owner;
(3)
The name, address and telephone number of the managing agent of the
premises, if any;
(4)
The name, address and telephone number, including the dwelling unit,
apartment or room number, of the superintendent, janitor, custodian
or other individual employed by the record owner or managing agent
to provide regular maintenance service, if any;
(5)
The name, address and telephone number of an individual representative
of the record owner or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
any unit of dwelling space therein, including such emergencies as
the failure of any essential service or system, and who has the authority
to make emergency decisions concerning the building, any repair thereto,
disruption of utilities or expenditures in connection therewith and
shall, at all times, have access to a current list of building tenants
that shall be made available to emergency personnel as required in
the event of an emergency;
(6)
The name and address of every holder of a recorded mortgage on the
premises;
(7)
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used (When deemed
necessary, Borough officials may provide for the purchase of home
heating oil or other fuel and may, thereafter, attach a lien on the
subject rental property for all costs.);
(8)
The number of tenants over the age of two years authorized to reside
in each rental unit, including the number of tenants over the age
of two years but under the age of 19 years (school-age children).
The information contained in the rental property registration statement
must set forth information for each unit within the rental property
and must include the number of tenants actually residing in each rental
unit;
(9)
As to each rental unit, the owner shall provide a floor plan of the
rental unit, which shall depict the number, dimensions and location
of each room in the rental unit. No space shall be used for sleeping
purposes which has not been so designated as a sleeping area on the
floor plan provided by the owner and approved by the local enforcing
agency, which shall be on file with the Construction Official;
(10)
As to each rental unit of 99 units or less, the owner shall provide
a parking plan of the rental unit, which shall depict the number,
dimensions and location of off-street parking space dedicated to each
unit; and
(11)
Such other information as may be deemed necessary to enforce this
chapter.
D.
In the event the tenancy of a rental unit changes during the year,
the owner or managing agent shall, within 30 days of the change in
tenancy, provide an updated rental property registration statement.
This shall be in addition to the requirements for obtaining a certificate
of housing for the change of tenancy. A "change in tenancy" shall
mean the addition of any person not included in the annual statement,
or deletion of any person on the annual statement. Failure to provide
the required information shall be deemed a violation of this chapter,
and owners, managing agents and tenants may be held accountable for
inaccurate rental property registration statements.
A.
Inspections pursuant to this chapter shall be conducted on an annual
basis unless good cause exists for requiring an earlier inspection.
B.
All rental units subject to this chapter shall be inspected by the
enforcement officers duly authorized to conduct inspections for purposes
of determining compliance with all applicable local, state and federal
laws, regulations, ordinances, and codes, including, but not limited
to, the Uniform Construction Code, local zoning ordinances, the Property
Maintenance Code, health codes, housing codes and fire codes.
C.
The owner and/or managing agent on record with the Borough shall
be notified of said inspections before they commence and shall, by
request, be required to be present during said inspections. The owner
and/or managing agent must, upon receiving notice of pending inspections,
immediately notify all affected tenants of the pending inspections.
Reasonable efforts will be made by the Borough to conduct said inspections
at a mutually convenient date and time.
D.
The owner and/or managing agent and the tenant(s) shall make the subject rental units fully available for all required inspections and are required to make all necessary arrangements to facilitate such inspections. Where inspections have been scheduled, but the owner, managing agent and/or tenants fail to make the subject rental unit(s) available at the scheduled date and time, the owner and/or tenant(s) may be fined for violation of this chapter pursuant to § 66-22.
E.
Inspections shall only be made with the consent of at least one of
each rental unit's tenants who is of legal age to grant such
consent. Absent such consent, inspections may only be conducted following
the issuance of an administrative search warrant, unless there is
reason to believe that a violation exists which poses an immediate
threat to health or safety, requiring inspection and abatement without
delay. Reasonable attempts shall be made to provide advance notice
to the owner and/or managing agent and to obtain consent from the
tenant(s).
F.
In the event of a tenant's refusal to allow entry for inspections,
the inspecting officer may, upon affidavit, apply to the Judge of
the Municipal Court for a search warrant setting forth the reasonable
basis for believing that there exists a nuisance, violation of this
chapter and/or violation of other local, state or federal laws, regulations,
ordinances and/or codes.
G.
In the event that the inspections of a rental unit do not result in a satisfactory outcome, the owner, managing agent and/or tenants shall complete all required repairs or corrections within the time prescribed by the inspecting officials or applicable code, and if not made within that time period, the owner and/or tenants shall be deemed in violation of this chapter, and every day that said violation continues unabated shall constitute a separate and distinct violation subject to the penalty provisions herein. Failure to abate said violations may result in the revocation of a certificate of occupancy. In the event of the revocation of a certificate of occupancy, relocation of tenants shall be required. Such relocation shall be made at the owner's expense pursuant to the provisions of § 66-7.
A.
No person shall occupy any rental unit without first securing a certificate
of housing, nor shall the owner and/or managing agent permit occupancy
of any rental unit unless the rental unit has been registered and
is in compliance with the provisions of this chapter.
B.
The owner shall post the maximum authorized number of occupants in
a conspicuous area within the rental unit. It shall be unlawful for
any person, including the owner, managing agent and/or tenants, to
allow a greater number of persons than the posted maximum number of
occupants to reside in the rental unit. This provision may be enforced
against the owner, managing agent and/or tenants as well as against
the unauthorized persons residing in the rental unit under this chapter
or any other applicable local, state or federal law, regulation, ordinance
or code.
A.
No rental property or unit shall be conducted or maintained in a
manner that constitutes a nuisance. The owner and the tenants will
be held responsible for any such conditions and/or activities, and
such conditions and/or activities shall constitute a violation of
this chapter as well as violations of any other applicable local,
state or federal laws, regulations, ordinances and/or codes. For the
purposes of this section, any violation of any applicable local, state
or federal laws, regulations, ordinances and/or codes, including but
not limited to the Uniform Fire Code, the International Property Maintenance
Code as adopted by the Borough of Washington, and others shall be
deemed a nuisance and therefore shall be subject any costs or penalties
associated with the sections below.
B.
Owners and/or tenants shall be liable to the Borough for the cost
of reinstating utility operations should any utilities to a rental
property or rental unit be permitted to lapse either by the owner
or the tenants.
C.
Owners shall be held fully liable to the Borough for relocation costs
incurred due to the displacement of any tenants pursuant to N.J.S.A.20:4-4.1.
A.
Owners are required to enter into a written lease with the persons
renting each rental unit. A copy of said lease must be provided to
the Office of Housing within 10 days of its execution.
B.
In addition to those provisions required by other local, state and
federal laws, regulations, ordinances and codes, owners shall also
include the following additional provisions in every written lease
entered into or renewed following the date of adoption of this chapter:
(1)
A provision setting forth the maximum number of residents permitted
in the unit and a clear description of the location of designated
sleeping areas.
(2)
A provision confirming that the tenants agree to permit reasonable
inspections of their rental unit by duly authorized officials upon
reasonable notice to the tenants. This provision must additionally
require that the owner and/or managing agent, upon receiving notice
of pending inspections from the Borough, will immediately provide
notice of the pending inspections to the tenants.
A.
Landlord's pest control responsibility.
(1)
It is the responsibility of every landlord to provide pest control
services when an infestation of pests is found or reasonably suspected
on the landlord's premises. The landlord must continue to provide
such services until such time as evidence of pests can no longer be
found or verified on the premises. Every landlord shall maintain a
written record of all pest control measures performed and shall include
reports and receipts prepared by the pest management professional
relating to those measures taken. This record shall be maintained
for three years and shall be open to inspection by the Borough.
(2)
A landlord shall provide the pest control services within 10 days
after: 1) a bedbug is found or reasonably suspected anywhere on the
premises; or 2) being notified in writing by a tenant of a known or
reasonably suspected pest infestation on the premises or in the tenant's
rental unit.
B.
Method of extermination. The extermination of pests shall be by inspection
and, if necessary, the treatment of the dwelling unit on either side
of the affected dwelling unit and the unit directly above and below
the affected dwelling unit. This pattern of inspection and treatment
shall be continued as necessary until no further infestation is detected.
C.
Landlord's duty of nonretaliation. The landlord may not retaliate in any manner, including by terminating a tenancy, increasing rent, decreasing services, threatening litigation, or refusing to renew a tenancy, against a tenant who in good faith requests or furthers in any manner the treatment of a known or reasonably suspected pest infestation or who in good faith registers a complaint with the Borough or other appropriate authority alleging a violation of the requirements of this § 66-9. Any landlord who violates this section shall pay the affected tenant a penalty equivalent to two months' rent, shall return to the tenant all security deposits and advanced front payments, and shall forfeit the right to require any further security deposit.
D.
Tenant's responsibility.
(1)
Within 15 days after a tenant finds or reasonably suspects a pest
infestation in the presence of the tenant's dwelling unit, the
tenant shall notify the landlord in writing of such infestation, or
of any recurring or unexplained bites, stings, irritation, or sores
of the skin or body which the tenant reasonably suspects are caused
by bedbugs. This notification shall describe with specificity the
evidence and location of any infestation. On receipt, the landlord
shall file a copy of the notification with the Borough.
(2)
The tenant shall cooperate with the landlord in the control, treatment,
and eradication of the pest infestation found or reasonably suspected
in the tenant's rental unit. As part of this cooperation, the
tenant shall:
(a)
Not interfere with inspections or treatments;
(b)
After reasonable notice in writing to the tenant, grant access
at reasonable times to the tenant's rental unit for purposes
of infestation inspection or treatment;
(c)
Make any necessary preparations prior to treatment in accordance
with any pest management professional's recommendations; and
(d)
Promptly dispose of any personal property that a pest management
professional has determined cannot be treated or cleaned by enclosing
such personal property in a plastic bag and clearly labeling it as
infested prior to transporting such property out of the dwelling unit.
(3)
Prior to inspection or treatment for the infestation, the landlord
shall send a written notice to the tenant of the rental unit being
inspected or treated, advising the tenant of the tenant's responsibilities
under this section and setting forth the specific preparations required
of the tenant.
E.
Enforcement. Borough inspectors shall have authority to inspect the
interior and exterior of buildings and attached lands for the infestation,
and when any evidence of an infestation of pests is found, to report
such evidence to the appropriate Borough authority.
F.
Violations and penalties. Any person who violates this § 66-9 shall be fined not less than $300 nor more than $500 for the first violation, not less than $500 nor more than $1,000 for the second violation, and not less than $1,000 nor more than $2,000 for the third or subsequent violation. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
No person, firm, corporation or any combination thereof shall
occupy any residential, commercial, industrial or other structure
in the Borough of Washington unless said person, firm or corporation
shall first obtain from the Borough of Washington a certificate of
housing in accordance with this chapter.
A.
No person, firm, corporation or combination thereof who owns residential, industrial or other structures shall permit the same or part thereof to be occupied by another without first securing from the Office of Housing of the Borough of Washington a certificate of habitability for said structure. Those who must obtain a certificate of housing under § 66-12C of this chapter shall be exempt from this requirement.
B.
No person, firm, corporation, association, partnership, or any combination
thereof owning a structure shall allow the same to be leased or rented
without registering for the certificate of housing with the Office
of Housing of the Borough of Washington.
C.
Persons, firms or corporations or any combination thereof who rent
or lease a structure or portion thereof and who have registered for
a certificate of housing shall allow the Office of Housing to inspect
the same on the time and date prescribed by the Office of Housing
and shall further comply with all the requirements necessary for issuance
of a certificate of housing prescribed by the Office of Housing within
the time period prescribed.
D.
No person, firm, corporation or combination thereof who owns any
unoccupied residential, commercial, industrial or other structure
or portions thereof shall permit the same to be reoccupied for the
purposes of leasing same to tenants in accordance with the provisions
of this chapter without first securing from the Office of Housing
a certificate of housing.
A.
No certificate of housing shall be issued for a structure being offered
for lease to any tenant unless the condition of the same complies
with all health, safety, fire and departmental regulations established
pursuant to said ordinances or laws of the Borough of Washington and
the Property Maintenance Code adopted by the Borough of Washington.
B.
Once a certificate of housing has been issued, it shall be valid
for 12 months from the date of issuance absent any substantial change
to the premises following the date of issuance.
All rental structures registered for a certificate of housing
inspection will be assigned for a date and time for an inspection
by the Office of Housing. Thereafter, the structure and its units
will require inspections and certificates of housing every 12 months.
Structures found not to be in conformance with the standards of this
chapter may, at the discretion of the Office of Housing, be required
to have periodic inspections of a frequency determined by the Housing
Inspector. The Office of Housing and/or Housing Inspector may establish
categories of structures and schedules of inspections.
In any case where there may be a conflict in the provisions
of the codes or ordinances of the Borough of Washington and the Property
Maintenance Code adopted by the Borough of Washington, or in the regulations
of the State of New Jersey, the higher standards for the promotion
and protection of the safety and health of the people shall prevail.
The Housing Inspector of the Borough of Washington shall be
the primary officer who has the duty and power to enforce this chapter.
The Housing Inspector shall also, at his discretion, confer upon the
Zoning Officer, Animal Control Officer, Fire Official, or any police
officer in the employ of the Police Department currently serving the
Borough of Washington the duty and power to enforce this chapter.
A.
Fee schedule.
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Units
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Fee
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1 to 2
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$100 for 1st unit + $75 for additional unit
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3 to 5
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$125 for Units 1-3 + $50 per unit for Units 4-5
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6 to 9
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$175 for Units 1-6 + $35 per unit for Units 7-9
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10 to 24
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$250 for Units 1-10 + $25 per unit for Units 11-24
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25 to 49
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$350 for Units 1-25 + $15 per unit for Units 26-49
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50+
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$500 for Units 1-50 + $10 per unit thereafter
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B.
All checks shall be made payable to the Borough of Washington.
The Office of Housing will register the structure after the
owner provides the name and address of the owner, the name and address
of the rental agent, if any, the name of the property, the tenants
and a description of the premises, including the number of units,
the street address, the property block and lot number, any applicable
apartment number, a verification of current sewer and tax payments,
and a valid certificate of housing. This registration shall be required
annually.
A.
The Office of Housing of the Borough of Washington shall have such
powers as may be necessary to carry out the intent and purposes of
this chapter, including but not limited to the following enumerated
powers:
(1)
To investigate the habitable conditions of the Borough of Washington
in order to determine which houses, apartments or other structures,
including a mobile home and a modular unit, are unfit for human habitation.
(2)
To enter upon said premises for the purposes of making examinations
incidental to its duties.
(3)
To delegate any of the functions and powers to the employees of the
Borough of Washington or the Police Department serving the Borough
of Washington as the Office of Housing may designate or as may be
designated by the Council of the Borough of Washington.
B.
Upon application of a property owner, the Housing Inspector shall
make an inspection of said house, apartment or other structure for
which there has been an application for an occupancy permit within
five working days from receipt of said application and the payment
of the fee or, where applicable, on the date prescribed upon registration.
C.
The Housing Inspector shall make a report promptly after such inspection
and advise the applicant of any violations of the codes or ordinances
of the Borough of Washington and the Property Maintenance Code adopted
by the Borough of Washington, or in the regulations of the State of
New Jersey.
Violations of the foregoing codes and ordinances or noncompliance
therewith shall be grounds for denial of the certificate of housing.
In addition to the penalties set forth in § 66-9, any owner or agent, landlord, tenant, and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof shall be liable to a fine of not more than $2,000, community service or imprisonment for not more than 90 days, or a fine, community service and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation. Each violation of this chapter shall be a separate and distinct violation.
This section establishes the minimum regulations governing the
conditions and maintenance of all rental property, buildings and structures
described herein by providing the standards for supplied utilities
and facilities and other physical things and conditions essential
to ensure that structures are safe, sanitary and fit for occupation
or use; and the condemnation of buildings or structures deemed unfit
for human occupancy or use and for the demolition of such structures.
That certain document, three copies of which are on file in the office of the Office of Housing of the Borough of Washington, being marked and designated as the International Property Maintenance Code (2015 Edition), as published by the International Code Council, Inc., be and is hereby adopted as the Rental Property Maintenance Code of the Borough of Washington, in the State of New Jersey, for the control of buildings, structures and property offered for rent or lease by tenants as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 66-25 of this chapter.
The following modifications to the International Property Maintenance
Code (2015 Edition) are hereby adopted:
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101.1, Title, is amended to read:
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101.1. These regulations shall be known as the "Rental Property
Maintenance Code of the Borough of Washington," herein after referred
to as "this code."
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Section 102.3, Application of other codes, is amended
to read:
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102.3 Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy shall be performed in accordance with the procedures and the provisions of the New Jersey Uniform Construction Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of Chapter 94, Zoning and Land Development, of the Code of the Borough of Washington. Where any model code cited within this chapter is found to conflict with the model codes adopted under the New Jersey Uniform Construction Code, the state code requirements shall prevail.
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Section 111.1, Application for appeal, is amended to read:
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111.1 Application for appeal. Any person directly affected by
a decision of the Housing Inspector or a notice or order issued under
this code or regulation adopted pursuant thereto shall have the right
to appeal and shall be granted a hearing before the department head;
provided a written application for an appeal is filed in the office
of the Office of Housing within 20 days after the decision, notice
or order was served. An application for an appeal shall be based on
a claim that the true intent of this code or the rules legally adopted
herein have been incorrectly interpreted, the provisions of this code
do not fully apply, or the requirements of this code are adequately
satisfied by other means.
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Section 111.2 Membership of board, and all subsections
(111.2 through 111.2.5), are deleted in their entirety and Section
111.2 is retitled and shall read:
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111.2 Appeals. The department head shall hear all appeals relative
to the enforcement of the code and, after conferring with the Borough
Manager, shall reverse or affirm in whole or in part or modify the
decision, order or notice of the Housing Inspector. The decision of
the department head shall be set forth in writing stating the reasons
and justifications for reversing, modifying or affirming the orders
and decisions of the Housing Inspector.
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Section 111.3, Notice of meeting, is amended to read:
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111.3 Notice of meeting. The department head shall hear all
appeals relative to the enforcement of the Code within 20 days of
receipt of a written application for an appeal. The appellant shall
be notified in writing of the date, time and place of the meeting
or hearings for an appeal.
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Section 111.4, Open hearing, is amended to read:
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111.4 Open hearing. All hearings before the Borough Council
shall be open to the public. The appellant, the appellant's representative,
the Housing Inspector and any person whose interests are affected
shall be given an opportunity to be heard.
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Section 111.4.1, Procedure, is amended to read:
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111.4.1 Procedure. The Borough Council shall adopt and make
available to the public through the Office of Housing procedures under
which a hearing will be conducted. The procedures shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
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Section 111.5, Postponed hearing, is amended to read:
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111.5 Postponed hearing. When the department head or a quorum
of Borough Council is not present to hear an appeal, either the appellant
or appellant's representative shall have the right to request
a postponement of the hearing. A quorum shall consist of not less
than 2/3 of the Borough Council membership.
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Section 111.6, Board decisions, is retitled and amended
to read:
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111.6 Borough Council decisions. The Borough Council shall modify,
reverse or affirm the decisions of the Housing Inspector or the department
head only by a concurring vote of a majority of the total members
present for the hearing. Failure to secure such concurring votes shall
be deemed a confirmation of the department head's decision.
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Section 111.6.1, Records and copies, is amended to read:
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111.6.1 Records and copies. The decision of the Borough Council
shall be recorded. Copies shall be furnished to the appellant and
to the Housing Inspector.
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Section 111.6.2, Administration, is amended to read:
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111.6.2 Administration. The Housing Inspector shall take immediate
action in accordance with the decision of the Borough Council.
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Section 201.3, Terms defined in other codes, is amended
to read:
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201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the New Jersey Uniform Construction Code or in Chapter 94, Zoning and Land Development, and other municipal codes of the Borough of Washington, such terms shall have the meanings ascribed to them as in those codes.
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Section 302.3, Sidewalks and driveways, is amended to
read:
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302.3 Sidewalks and driveways. All sidewalks, walkways, stairs,
driveways, parking spaces and similar paved areas shall be kept in
a proper state of repair, free of all snow, ice, mud, debris, overhanging
trees and shrubs which obstruct the walkways and shall be maintained
free from hazardous conditions. If any sidewalk or driveway or portion
thereof by virtue of its state of repair shall constitute a danger
to public health and safety, the sidewalk or driveway or portion thereof
shall be replaced. Steps shall comply with the dimensional requirements
for exterior stairways. Sidewalks that are heaved or cracked with
loose concrete or having open holes will constitute a violation. Sidewalks
heaved greater that two inches must be reset level or replaced. Sidewalks
heaved less that two inches may be filled in and blended with the
adjacent sidewalk. Blended areas shall have a maximum slope of 1:6
pitch. It shall be the responsibility of the property owner to maintain
the sidewalks, curbs and gutters in the public right-of-way which
fronts their property.
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Section 302.4, Weeds, is amended to read:
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302.4 Weeds and trees. All premises and exterior property shall
be maintained free from weeds or plant growth in excess of eight inches
(203.2 mm). All noxious weeds shall be prohibited. "Weeds" shall be
defined as all grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens. The property owner shall ensure that trees growing
on their property do not create a hazardous condition on their property
or directly upon an abutting or adjacent property over which their
tree has grown. A hazardous condition will be deemed to exist if the
tree is decayed and dead or its branches touch a structure or interfere
with any utility wire or hang less than eight feet above the surface
of a street or sidewalk. It shall be the responsibility of the property
owner to cut and maintain the grass strip and eliminate any hazardous
conditions upon their property or on the public right-of-way which
fronts their property.
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Section 303.3 Premises identification, is amended to read:
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303.3 Premises identification. Buildings shall have approved
address numbers placed in a position to be plainly legible and visible
from the street or road fronting the property. These numbers shall
contrast with their background. Address numbers shall be Arabic numerals
or alphabet letters. Numbers shall be a minimum of three inches (76.2
mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Each apartment
within a building shall have its number or letter clearly displayed
on the apartment door, and all buildings on the premises shall be
identified.
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Section 303.7, Roofs and drainage, is amended to read:
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303.7 Roof, sump, and parking area drainage. The roof and flashing
shall be sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the walls
or interior portion of the structure. Roof drains, gutters and downspouts
shall be maintained in good repair and free from obstructions. Roof,
sump, or parking area water shall not be discharged in a manner that
creates a public nuisance or is creating an adverse condition to neighboring
buildings or property by the creation of mildew, molds or moss due
to dampness, undermining or erosion, ice formation or ponding of water
either on the property producing the water, adjacent private property,
or adjacent public property/public rights-of-way.
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Section 303.12, Handrail and guards, is amended to read:
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303.12 Handrail and guards. Every flight of stairs which is
more than four risers high shall have a handrail on at least one side
of the stairway, and every open portion of the stairway, landing or
balcony which is more than 30 inches above the floor or grade below
shall have guardrails. Handrails shall be not less than 30 inches
nor more than 38 inches high measured vertically above the nosing
of the stair treads. Guardrails shall be not less than 36 inches high
measured vertically above the floor of a porch, landing or balcony.
Existing handrail or guardrail heights of other dimensions may be
approved where in the opinion of the Housing Inspector it should not
represent a hazard. All guardrails shall be properly balustered. Every
handrail and guardrail shall be firmly fastened and capable of supporting
normally imposed loads and shall be maintained in good condition.
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Section 303.14, Insect screens, is amended to read:
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303.14 Insect screens. During the period from April 1 to December
1, every door, window and other outside opening required for ventilation
of habitable rooms, food preparation areas, food service areas, or
any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored, shall
be supplied with approved tightly fitting screens of not less than
16 mesh per inch (mesh per 25 mm), and every swinging door shall have
a self-closing device in good working condition.
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Section 304.5, Handrails and guardrails, is amended to
read:
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304.5 Handrails and guardrails. Interior handrails and guardrails
shall comply with the requirements for exterior handrails and guardrails.
Every handrail and guardrail shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
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A new Section 304.7, Bathroom and kitchen floors, is added
and shall read:
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304.7 Bathroom and kitchen floors. Every toilet, bathroom and
kitchen floor surface shall be constructed and maintained so as to
permit such floor to be kept in a clean and sanitary condition. Every
floor shall be covered with a moisture-resistant material such as
ceramic tile, vinyl tile, and linoleum, two coats of floor paint approved
for the purpose, similar coatings or suitable carpet if the subflooring
has been sealed in an approved manner.
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A new Section 304.8, Basement floors, is added and shall
read:
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304.8 Basement floors. Every basement or usable portion of a
crawl space shall have a concrete floor for the mitigation of dampness
to the interior parts of a building. New concrete floors shall be
provided with a six-mil polyethylene vapor barrier. When in the opinion
of the Housing Inspector the construction of said floor would be impractical,
the concrete floor may be substituted for two inches of clean stone
with the polyethylene vapor barrier.
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Section 305.1, Accumulation of rubbish or garbage, is
amended to read:
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305.1 Accumulation of rubbish or garbage. All exterior property
and premises, and the interior of every structure, shall be free from
any accumulation of rubbish, garbage or other unused equipment and
appliances such as washers, dryers, refrigerators, water heaters,
furnaces, boilers, and abandoned aboveground oil tanks. Accumulations
of furniture, toys, bicycles, construction supplies and equipment
and other items or personal belongings shall not be stored on the
exterior of the premises or on open porches or decks and only within
an enclosed utility shed or garage. Lawn furniture and ornaments shall
be permitted to be displayed or remain on the exterior of the premises,
provided the furniture or ornaments are constructed or manufactured
of materials approved for exterior use.
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Section 305.3.2, Containers, is amended to read:
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305.3.2 Containers. The operator of every establishment producing
garbage, vegetable waste or other putrescent material shall provide
at all times leakproof containers provided with close-fitting covers
for the storage of such materials until the removal from the premises
for disposal. Approved containers and rules governing placement of
same shall be in accordance with Chapter 47 of the Borough Code.
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Section 501.2, Responsibility, is amended to read:
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501.2 Responsibility. The owner of the structure shall provide
and maintain such plumbing facilities and plumbing fixtures in compliance
with these requirements. A person shall not occupy as owner-occupant
or permit another person to occupy any structure or premises which
does not comply with the requirements of this chapter. It shall be
the responsibility of the owner to maintain electrical, gas, water
or other utilities for the proper operation of plumbing systems, and
at the time of any required inspection. All fixtures with outlets
emptying into the main sewer, installed in cellars or basements of
any or all buildings within the limits of the Borough of Washington,
are done so solely at the risk of the owner. The Borough of Washington
will not be responsible for any damage or inconvenience sustained
by the property owner due to the backup of sewers into cellars or
basements of any and all buildings where fixtures have been installed
preceding the adoption of this chapter.
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Section 505.4, Water heating facilities, is amended to
read:
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505.4 Water heating facilities. Water heating facilities shall
be properly installed, maintained and capable of providing an adequate
amount of water to be drawn at every required sink, lavatory, and
laundry facility at a temperature of not less than 105° F. (41°
C.) nor more than 140° F. (60° C.) and shall not exceed 120°
F. (49° C.) at bathtub and shower fixtures. A gas-burning water
heater shall not be located in any bathroom, toilet room, bedroom,
storage closet, or other occupied room normally kept closed unless
adequate combustion air is provided. An approved combination temperature
and pressure-relief valve and relief valve discharge pipe shall be
properly installed and maintained on water heaters.
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Section 507.1, General, is amended to read:
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507.1 General. Drainage of roofs and paved areas, yards and
courts, and other open areas on the premises shall not be discharged
in a manner that creates a public nuisance. Stormwater from roof drains,
gutters and swales shall not be directed onto neighboring properties,
public or private, including onto easements and rights-of-way other
than those established with the express purpose of conveying drainage,
and shall not be piped or deposited into the sanitary sewer system.
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Section 601.2, Responsibility, is amended to read:
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601.2 Responsibility. The owner of the structure shall provide
and maintain mechanical and electrical facilities and equipment in
compliance with these requirements. A person shall not occupy as owner-occupant
or permit another person to occupy any premises which does not comply
with the requirements of this chapter. It shall be the responsibility
of the owner to maintain electrical, gas, water or other utilities
for the proper operation of the mechanical and electrical systems
and at the time of any required inspection.
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Section 602.3, Heat supply, is amended to insert the dates:
October 1 to May 15.
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Section 602.4, Occupiable work spaces, is deleted in its
entirety.
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Section 603.5, Combustion air, is amended to read:
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603.5 Combustion air. A supply of air for complete combustion
of the fuel and for ventilation of the space containing the fuel-burning
equipment shall be provided. The fuel-burning equipment shall not
be located within or obtain combustion air from bathrooms, toilet
rooms or bedrooms.
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A new Section 603.7, Boiler, furnace cleaning and servicing,
is added and shall read:
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603.7 Boiler, furnace cleaning and servicing. All oil or other
solid-fuel-fired boilers or furnaces shall be cleaned and serviced
on a yearly basis. All gas-fired boilers or furnaces shall be serviced
and cleaned as required every two years. Evidence that the boiler
or furnace has been cleaned and serviced in accordance with the above
must be provided to the Housing Inspector upon inspection.
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Section 604.2, Service, is amended to read:
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604.2 Service. The size and use of appliances and equipment
shall serve as a basis for determining the need for additional service
facilities in accordance with the New Jersey Uniform Construction
Code. When the electrical system requires modification to correct
inadequate service, the service requirements shall be a minimum of
60 amperes, 120/240 volts, for apartment dwelling units and 100 amperes,
120/240 volts, for single-family houses. All existing fused panel
boards shall be required to be replaced with a molded circuit breaker
type panel board.
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Section 605.2, Receptacles, is amended to read:
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605.2 Receptacles. Every habitable space in a dwelling shall
contain at least two separate and remote receptacles. Receptacles
shall be provided in every habitable room so that no point along the
floor line of any unbroken wall space is more than 10 feet from a
receptacle within the space. Every laundry area shall contain at least
one grounded-type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain at least one receptacle
adjacent the basin area, and all receptacles located within a bathroom
shall be ground fault protected. All exterior receptacles and all
countertop receptacles located within six feet of the kitchen sink
shall be ground fault protected.
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Section 605.3, Luminaires, is amended to read:
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605.3 Lighting fixtures. Every habitable room, public hall,
interior or exterior stairway, toilet room, kitchen, bathroom, laundry
room, furnace/boiler room, basement or an attic accessed by a permanent
stairway shall contain at least one permanent electric lighting fixture
that is controlled by a switch near the door leading to the room.
All means of egress stairways must be illuminated and controlled by
a switch that is accessible prior to the use of the stairs.
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A new Section 702.4, Means of egress, is added and shall
read:
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702.4 Means of egress. All hallways, balconies, fire escapes,
stairways, doors, windows, passageways or other means of egress shall
not be blocked or used to store rubbish, garbage or otherwise be used
for the storage of objects which will create a hazardous condition
or block an exitway.
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Section 704.2, Installation, is amended to read:
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704.2 Installation. Approved single-station smoke detectors
shall be installed in the immediate vicinity and within 10 feet of
the bedrooms and on every habitable story of the dwelling, including
the basement. Approved carbon monoxide alarms shall be installed in
the immediate vicinity and within 10 feet of the bedrooms. Existing
120-volt single-station or interconnected smoke detection systems
and carbon monoxide alarms installed in accordance with the New Jersey
Uniform Construction Code shall not be replaced with a system or devices
and alarms which will not provide an equivalent or greater degree
of protection. Multiple-family dwellings shall be required to have
a 120-volt interconnected with battery backup smoke detection system
installed in all common areas, including basements, vestibules, hallways,
stairways and in other common or public elements of the building.
Additional audible alarms shall be installed whenever required under
the provisions of the New Jersey Uniform Construction Code.
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Section 704.2.1, Smoke detectors, is retitled to read:
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704.2.1 Smoke detectors/carbon monoxide alarms. All Use Group
R buildings and dwelling units shall be provided with smoke detectors
and carbon monoxide alarms in accordance with this section and shall
be installed in accordance with the building and fire protection subcodes.
All detectors and alarms shall be equipped with a manual test button.
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Section 704.2.3, Power source, is amended to read:
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704.2.3 Power source. In Group R occupancies, single-station
smoke alarms may be battery-operated or shall receive their primary
power from the building wiring, provided that the power is provided
by a utility source. Multiple-occupancy dwellings or mixed-use buildings
with dwelling units shall be provided with a separate building electric
panel and meter to provide the power source for the required detection/alarm
systems. This electrical panel may serve other common electrical or
power requirements for the building.
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A new Section 704.2.5, Tampering with smoke detectors
and carbon monoxide alarms, is added and shall read:
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704.2.5 Tampering with smoke detectors and carbon monoxide alarms.
It shall be unlawful for any tenant, occupant, owner or any other
person to tamper with, damage, destroy, steal, paint or do anything
to cause such detectors or alarms to malfunction or fail to operate.
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Any person who shall violate any of the provisions or regulations of this chapter shall, upon conviction, be punished as provided in § 66-22. Each day that such violation continues shall constitute a separate offense.
