[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 8-3-1978 by Ord.
No. 78-9 as Section 4:4 of the General Ordinances;
amended in its entirety 4-6-2016 by Ord. No. 2016-05. Subsequent amendments noted where
applicable.]
Change of occupancy certificate ("certificate") shall hereafter
be required for human habitation of all existing dwelling and commercial
units in the Township of West Deptford before a change in occupancy
of any such unit may be effected.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building used as a place of business requiring a fire
safety registration through the Township Fire Prevention Office.
Any building or structure presently used or used hereafter
for habitation by any human beings, whether the same is occupied or
to be occupied by an owner or tenant or occupied on any other basis.
The change of occupancy certificate required herein does not
repeal or amend requirements for other certificates heretofore provided
for by ordinances of this Township or statutes of the State of New
Jersey.
A.
Application for a change of occupancy certificate for change in occupancy
shall be made to the Construction Code Official of this Township on
a form provided by said Construction Code Official.
B.
The Construction Code Official shall thereupon cause inspection to be made of the subject dwelling unit to determine if such unit is fit for human habitation and in compliance with the West Deptford Township Chapter 144, Swimming Pools, the New Jersey Uniform Fire Code, the New Jersey Uniform Construction Code and the following sections of the International Property Maintenance Code (2018 Edition): Sections 302.4, 302.7, 304.1, 304.3, 307.1, 309.1, 402, 403.2, 404.5.2, 504.1, 505.3, 505.4, 506.2, 602.2, 603.1, 603.2, 605.1, 703.1, 704.1 and 705.1.
[Amended 9-16-2020 by Ord. No. 2020-15]
C.
Construction Code Official shall thereupon cause inspection to be
made to subject commercial unit to determine if such unit is fit for
human habitation and meets all the requirements of the current Uniform
Fire Code as enforced by the Township Fire Official or designee.
In addition to the requirement for a change of occupancy certificate
hereinabove set forth, it shall also be required that each such dwelling
unit shall comply with N.J.A.C. 5:70-4.19. Detectors shall be installed
as follows:
A.
On each level of the premises.
B.
Outside of each separate sleeping area:
(1)
The smoke detectors required in all Use Group R-3 dwellings shall
be located in accordance with the building code at the time of issuance
of the original CO and maintained in working order.
C.
The detectors shall not be required to be interconnected.
(1)
Smoke detectors may be battery-powered and shall be listed in accordance
with ANSI/UL 217.
D.
A/C powered smoke detectors shall be accepted as meeting the requirements
of this section.
E.
Carbon monoxide detector in the vicinity of the sleeping area.
In addition to the requirement for a change of occupancy certificate
hereinabove set forth, it shall also be required that each such unit
shall comply with West Deptford Township's rules and regulations concerning
water meters, as follows:
A.
In order to obtain a change of occupancy certificate, the Water Department
shall be granted access to the property and be permitted to inspect
and obtain a final reading of the inside water meter; and
B.
If upon said inspection the Water Department determines pursuant
to West Deptford Township Rules and Regulations that the water meter
must be replaced, then the appropriate water meter must be installed
in order to obtain a change of occupancy certificate. The cost of
the replacement/installation of the meter shall be paid by the current
owner.
The owner of each unit subject to this chapter is hereby charged
with the responsibility for making written application to the Construction
Code Official for a change of occupancy certificate. In the event
that a change of occupancy is also accompanied by a change of ownership
of a unit, the buyer may waive the seller's responsibility and assume
the same; provided, however, that such waiver shall be in writing,
which said waiver shall further state that the buyer is fully aware
that he, she or it is assuming full responsibility for obtaining the
change of occupancy certificate pursuant to this chapter, and provided
further that such written waiver shall be filed with the Construction
Code Official.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Construction Code Official or his representative shall, within 10 working days of the receipt of a fully completed application for a change of occupancy certificate and the accompanying fee, pursuant to this chapter, make such inspections as are required hereinabove and, upon determining that the requirements of § 115-4B above have been completed with, issue a change of occupancy certificate.
C.
If upon the inspection or inspections aforesaid, the Construction
Code Official or his representative finds the subject unit is not
in compliance, said Official or his representative shall thereupon
and within the said 10 working days, notify the applicant in writing
of such noncompliance, specifically setting forth the violation or
violations which require correction.
D.
Upon correction of the violations, the applicant shall notify the Construction Code Official in writing and shall submit a reinspection fee as provided in Chapter 11, Fees, with such notification whereupon the Construction Code Official or his representative shall reinspect the subject unit upon receipt of such notification and reinspection fee. This procedure shall be followed until all violations have been corrected, at which time a change of occupancy certificate shall be issued.
E.
The Construction Code Official shall furnish copies of all regulations
referred to herein to any person requesting the same for a reasonable
fee, commensurate with the costs of reproducing such regulations.
F.
Conditional certificate. A conditional certificate will be granted based on extraordinary conditions that would prevent the applicant from meeting the requirements of this chapter within the allotted time. This can only take place after an initial inspection has taken place listing the deficiencies. A notarized letter from the applicant will be needed stating the hardship for not being able to meet the requirements along with a fee as provided in Chapter 11, Fees. The conditional certificate will be granted by the Housing Official for a period of 30 days. By the end of this period, all condition must be met, or required permits issued to address the conditions. Conditional certificates will not be issued for water meter issues.
[Amended 7-2-1981 by Ord.
No. 81-17]
[Amended 9-16-2020 by Ord. No. 2020-15]
Any person affected by a decision of the Construction Code Official or a notice or order issued under this chapter shall have the right to appeal. This means an appeal shall be that set out in the International Property Maintenance Code (2018 edition), Section 111.1 through 111.8, which is adopted and made a part hereof, as if fully set out in the chapter and Chapter 127 - Property Maintenance.
