[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon 8-21-2019 by Ord. No. 21-2019. Amendments noted where applicable.]
The New Jersey State Housing Code, as approved by the Department of Community Affairs and filed in the Secretary of State’s office, is accepted, adopted and established pursuant to N.J.S.A. 40:49-5.1, as the standard to guide the Construction Official or his designated agent in determining the fitness of a dwelling unit for human habitation, use, or occupancy and in conducting inspections for enforcement of these regulations. A copy of the New Jersey State Housing Code codified as N.J.A.C. 5:28-1.1 et seq., is annexed to this chapter as Exhibit A and three copies of the same have been placed on file in the office of the Borough Clerk, which are available to all persons desiring to use and examine the same.
A. 
Attics.
(1) 
Unapproved occupancies of attics are prohibited.
(2) 
Any residential attic used for other than incidental storage must meet the following criteria:
(a) 
There shall be no kitchen or any semblance of same (i.e., hotplate, refrigerator, food cabinets, sink).
(b) 
Except for required fire exits, access to the attic shall be through the unit below.
(c) 
Under no circumstances shall the attic be offered as a separate dwelling unit, rooming unit or independent rooming unit.
(d) 
The attic must be an integral part of the unit below and shall not be leased to any party that does not have full access and rights to the unit below.
(e) 
The attic area must have a valid certificate of occupancy.
(f) 
All permits must be obtained and a certificate of occupancy issued after final inspections.
B. 
Cellars.
(1) 
Unapproved occupancies of cellars and/or basements are prohibited.
(2) 
Any residential basement or cellar used for other than incidental storage must meet the following criteria:
(a) 
There shall be no kitchen or any semblance of same (i.e., hotplate, refrigerator, food cabinets, sink).
(b) 
Under no circumstances shall bedroom or sleeping quarters be allowed in basements and/or cellars.
(c) 
Except for required fire exits, access to the basement or cellars shall be through the unit above.
(d) 
Under no circumstance shall a basement and/or cellar be utilized as separate dwelling unit, rooming unit or independent rooming unit.
(e) 
A basement and/or cellar must be an integral part of the unit above and shall not be leased to any party that does not have full access and rights to the unit above.
(f) 
The basement and/or cellar area must have a valid certificate of occupancy.
(g) 
All permits must be obtained and a certificate of occupancy issued after final inspections.
Any person violating or failing to comply with any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, of the Code. The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.