[Prior code § 11-1; amended by Ord. 89-1 § 1, 1989]
The "BOCA National Existing Structures Code, 1987," Second Edition,
as published by The Building Officials and Code Administrators International,
Inc., establishing minimum standards governing the condition, maintenance
and rehabilitation of all existing structures, establishing minimum
standards governing supplied utilities and facilities and other physical
things and conditions essential to insure that structures are safe,
sanitary and fit for occupation and use; establishing minimum standards
governing the condition of dwellings offered for rent; fixing certain
responsibilities and duties of owners and occupants of structures
and the condemnation of structures unfit for human habitation and
demolition of such structures; and fixing penalties for violation,
is adopted as the property maintenance code for the control of buildings
and structures as provided in this chapter; and each and all of the
regulations of "The National Existing Structures Code, 1987," Second
Edition, are referred to, adopted and made a part of this chapter
as if fully set out in this chapter.
A.
Copies Filed with Clerk. Three copies of the above code shall be
available in the office of the Borough clerk for the use of and examination
by the public.
B.
Amendments and Revisions. The following sections of "The BOCA National
Existing Structures Code, 1987" Second Edition, are amended and revised
or changed as follows:
1.
The name "Borough of Ship Bottom" shall be inserted in the second
sentence of Section ES-100.1 on page 1 of the Code.
2.
Section ES-110.2 entitled "Penalty" be and is amended to read as
follows:
|
ES-110.2 Penalty: Any person, firm or corporation,
who shall violate any provision of this Code shall, upon conviction
thereof, be subject to a fine of not less than $100 nor more than
$1,000 or imprisonment for a term not to exceed 90 days, or both,
at the discretion of the Court. Each day that a violation continues
after due notice has been served, in accordance with the terms and
provisions hereof, shall be deemed a separate offense.
|
3.
Section ES-111.4 entitled "Restraining Actions," on page 9, be and
is amended by inserting the number "45" on the second line.
4.
Section ES-112.0 entitled "Right to Appeal" shall be deleted in its
entirety and in lieu thereof a new Section 112.0 entitled "Right to
Appeal" shall read as follows:
|
ES-112.1 Petition. Any person affected by any notice
which has been issued in connection with the enforcement of any provision
of this Code, or any rule or regulation adopted pursuant thereto,
may request and shall be granted a hearing on the matter before the
Borough Council provided that such person shall file with the Borough
Clerk a written petition requesting such hearing and containing a
statement of the grounds thereof within 20 days after the notice was
served.
|
|
ES-112.2 Vote. The Borough Council shall hear all
appeals relative to the enforcement of this Code and by a concurring
vote of a majority of its members may reverse or affirm, wholly or
in part, or may modify, the decision appealed from and shall make
such order or determination as in its opinion ought to be made. Failure
to secure such concurring vote shall be deemed confirmation of the
decision of the Code Official.
|
|
ES-112.3 Records of Appeal. The Borough Clerk shall
keep a record of each meeting so that the record shows clearly the
basis for each decision made by the Borough Council.
|
5.
The definition "Code Official" found in Article 2 entitled "Definitions"
be and is amended to be defined as follows: The health officer who
is charged with the administration and enforcement of this Code, or
any duly authorized representative.
[Prior code § 11-2; amended by Ord. 89-1 § 1, 1989]
Nothing in this chapter or the BOCA National Existing Structures
Code, 1987, Second Edition, adopted, shall be construed to affect
any suit or proceeding pending in any court, or any other rights acquired
or liability incurred, or any cause or causes of action acquired or
existing under any act or ordinance repealed, nor shall any just or
legal right or remedy of any character be lost, impaired or affected
by this chapter.
[Prior code § 11-3; amended by Ord. 89-9 § 1, 1989; Ord. 2005-33 § 1, 2005; Ord. 2006-7 § 1, 2006; Ord. No. 2010-14, § 1, 8-24-2010]
A.
Occupancy Permits Required. Prior to the closing of title and occupancy
of any building unit within the Borough, all purchasers of any building
shall secure from the tax collector an occupancy permit after the
filing of an appropriate application and payment of the following
fee:
|
Type
|
Fee
|
|---|---|
|
Residential Certificate of Occupancy
|
$35
|
|
Commercial Certificate of Occupancy
|
$50
|
|
Certificate of Occupancy Re-inspection
|
$25
|
B.
Use Reflected on Permit — Otherwise Prohibited. The occupancy
permit shall reflect the use for which the building is permitted under
the laws of the state of New Jersey and the Borough. A person shall
not be permitted to occupy a building unless he or she receives an
occupancy permit and unless the nature of the occupancy conforms to
what is contained in the occupancy permit.
C.
Smoke Detector Required. In addition to the requirements set forth in Subsections A and B of this section, no occupancy permit shall be issued unless a smoke detector has been installed in accordance with the following conditions:
1.
Single station units shall have the following features:
a.
Integral alarms capable of emitting a minimum sound intensity
of 85 DBA at a ten-foot distance with an easily seen and easily activated
manual unit test button, or approved alternative and a power source
monitor light or trouble signal;
b.
All units shall be listed, shall meet the latest requirements
of U.L. 217 and shall be installed and maintained as per manufacturer's
recommendations and shall comply with the latest NFPA No. 72E and
74 standards except as otherwise provided;
c.
Multiple station units shall be either a series of interconnected
single station units or smoke detectors of the non-self-contained
type which are interconnected to a common alarm system;
d.
All smoke detectors shall be powered by an alternating current
(AC) constantly active electric circuit which cannot be deactivated
by the operation of any interconnected switching device and shall
comply with the latest NFPA 70 electrical code. As an alternative,
battery-powered single units may be installed in dwelling units provided
that the following conditions are met:
i.
The owner or his or her representative shall inspect and maintain
all units and replace batteries in all units annually or as otherwise
required per manufacturer's printed recommendations;
ii.
The owner or his or her representative shall place a tag on
each unit and shall place the date of inspection and his or her initials
on the tag;
iii.
Entries shall be made on the tag upon initial
installation. An entry made on a tag shall constitute a certification
that the unit is operating properly;
iv.
Tags shall be affixed so as not to impair the functioning of
the unit.
e.
Prior to the issuance of a certificate of occupancy in accordance
with the work completed on a building permit which building permit
authorizes new construction, alterations or renovations, the owner
shall first comply with the requirements for smoke detectors and smoke
alarms as is set forth in this subsection.
D.
Lock Box Required. Prior to the issuance of a certificate of occupancy,
all newly constructed or substantially renovated commercial structures
must have a lock box located on the outside of the building, accessible
to emergency personnel. The lock box must be of a design acceptable
to the fire chief. For the purposes of this subsection, a substantial
renovation shall mean any repair, reconstruction, rehabilitation addition,
or other improvement of a structure, the cost of which equals or exceeds
50% of the assessed value of the structure either before the improvement
is started or if the structure has been damaged and is being restored
before the damage occurred. Substantial improvement is commenced when
the first alteration of any structural part of the building is begun.
The lock box shall be installed at the main entrance to the building
and installed at a height no higher than five feet from the base of
the entrance door and located in an area that is readily accessible
to emergency personnel. Circumstances such as the size of the property,
nature of any hazards on the property and security gates, may warrant
the need for additional boxes to be located on the same property.
The number or sets of keys shall be determined based on the following
criteria:
