This chapter shall be enforced by the township health officer
or sanitary inspector, hereinafter referred to as the enforcing official,
together with the assistance of the plumbing inspector. No board of
health certificate of "no present public health nuisance regarding
individual sewerage disposal system" and "no evidence of present public
health nuisance regarding the potable water supply" (hereinafter referred
to as "board of health certificate") shall be issued except in compliance
with the provisions of this chapter.
The provisions of this chapter shall apply to all buildings
where individual sewerage disposal systems (I.S.D.S.) are used for
the control and treatment of sewerage and/or all buildings served
by an individual potable water supply, a semi-private water supply
or a public water supply. The term "building" shall include only residential
structures which are being leased or rented.
a.Â
No existing building or part thereof shall be occupied by a new renter
until such time as a health certificate shall have been issued under
the terms of this chapter.
It shall be the obligation of the owner of the building to furnish
the health certificate to the person renting or leasing the home or
building.
b.Â
Upon the application for a tax search, the tax search officer shall
notify a prospective real estate purchaser of the provisions of this
chapter and such notification shall accompany the completed tax search.
a.Â
No building or part thereof shall, now or hereafter, be leased or
rented to any tenant or leasee unless the owner of the premises shall
first have obtained a board of health certificate from the enforcing
officer.
b.Â
The owner of every building who rents or leases all or any part thereof
shall file with the board of health a statement on a form supplied
by the board of health containing the following information:
1.Â
The address and description of the building and part thereof which
is to be rented.
2.Â
The name, address and telephone of the owner.
3.Â
The name of the person or persons to whom it is being rented.
4.Â
The number of persons to occupy the area being rented.
5.Â
The name, address and telephone of the agent, if any.
6.Â
If the owner of the building resides out of the County of Sussex,
he must appoint an agent to act in his behalf and be responsible for
complying with this chapter.
Applications for board of health certificates shall be made
in writing to the enforcing officer and shall state:
a.Â
The name, address and telephone number of the owner.
b.Â
A description of the building by street number or otherwise as will
enable the township enforcing official to easily locate same.
c.Â
The name, address and telephone number of the agent, if any appointed
by the owner for the management of same.
d.Â
Plot plan and any additional engineering detail requested.
e.Â
If a board of health certificate has been issued for any such building
within 12 months immediately preceding the date of such application,
the owner of such building may certify in writing under oath to the
enforcing official that the septic system serving such building still
complies with the standards set forth in this chapter. In this event
no inspection need be made and no fee need be submitted. The board
of health certificate shall be issued immediately; and
f.Â
A fee in the amount of $25 shall be charged for each septic system
certification and a fee of $25 shall be charged for each water supply
certificate. The total fee of $50 shall accompany the application.
As soon as practical, but in no event more than 10 days within
receipt of an application for the issuance of a board of health certificate,
the township enforcing official shall cause an inspection to be made
of the individual sewerage disposal system serving such building as
indicated in the application. In addition, a water sample shall be
collected and analyzed at a New Jersey State Certified Public Laboratory
by a licensed public health laboratory technician.
a.Â
Upon the discovery of any violation of the provisions of the "Public
Health Nuisance Act" of New Jersey, N.J.S.A. 26-3 B-1 to 26-3 B-17,
the enforcing official shall forthwith notify the applicant in writing,
specifying the nature of the violation and advising that the violation
must be corrected within 10 days and that no board of health certificate
shall be issued until such time as the corrections are made and approved
by the enforcing officer. The enforcing officer may in the exercise
of his discretion in the appropriate situation extend the ten-day
period.
b.Â
If no violation is discovered, then the enforcing officer shall forthwith
issue a board of health certificate.
a.Â
After an applicant is notified by the enforcing officer of a violation
of the terms of this chapter, the applicant shall thereafter and prior
to taking any corrective measures submit to the enforcing officer
for his approval a copy of the plans intended to be taken to correct
the violation.
b.Â
After completion of the correction of any violations found by the
enforcing officer, the applicant, shall notify the enforcement officer
in writing, indicating that the violations have been corrected. Upon
such notification, the enforcing officer shall reinspect the I.S.D.S.
or potable water supply and if satisfied that the Public Health Nuisance
Act is complied with, shall issue a board of health certificate.
a.Â
Any person dissatisfied or aggrieved by the decision of the enforcing
official may within 10 days after the receipt of the notification
indicating a violation of the Public Health Nuisance Act, file a written
appeal to the township board of health, which shall set the matter
down for a hearing. The hearing shall be held within three weeks after
the receipt of the notice of appeal.
b.Â
Within seven days after the hearing date, the board of health shall
decide the appeal. A copy of the decision shall be mailed to the applicant.
The board shall also direct whether or not a board of health certificate
should be issued.