[HISTORY: Adopted by the Borough Council of the Borough of
Florham Park 2-16-2010 by Ord. No. 10-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 94.
Uniform construction codes — See Ch. 103.
Garbage, rubbish and refuse — See Ch. 142.
Nuisances — See Ch. 159.
[1]
Editor's Note: This ordinance also repealed former Ch. 188,
Property Maintenance, adopted 12-9-1975 by Ord. No. 15-75, as amended.
This chapter shall be known as the "Property Maintenance Code
of the Borough of Florham Park," and may be referred to in this chapter
in the short form as "this code."
A.
Purpose. The purposes of this code are to protect and preserve the
public health, safety and welfare in all existing structures and to
prevent deterioration and blight of buildings and neighborhoods by
establishing minimum standards governing the maintenance, appearance,
condition and occupancy of residential and nonresidential premises
and related open lands; to establish minimum standards governing utilities,
facilities and other physical components and conditions essential
to making the aforesaid facilities fit for human habitation, occupancy
and use; to fix certain responsibilities and duties upon owners and
operators and distinct and separate responsibilities and duties upon
occupants; to require the regulation of dwellings; to authorize and
establish procedures for the inspection of residential and nonresidential
premises; to fix penalties for the violations of this code; to provide
for the right of access across adjoining premises to permit repairs;
and to provide for the repair, demolition or vacation of premises
hereby declared to be remedial and essential for the public interest.
It is intended that this code be liberally construed to the benefit
of the Borough, its taxpayers and residents and to effectuate the
purposes as stated herein.
B.
Intent. This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare in so far as
they are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
A.
Every residential and nonresidential building and the premises on
which it is situated in the Borough used or intended to be used for
assembly, dwelling, institutional, educational, fraternal, religious
or recreational uses, commercial, business or industrial occupancy
or other uses, and related open lands, shall comply with the provisions
of this code, whether or not such building shall have been constructed,
altered or repaired before or after the enactment of this code and
irrespective of any permits or licenses which shall have been issued
for the use or occupancy of the building or for the installation or
repair of equipment or facilities prior to the effective date of this
code.
B.
This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained therein, nor shall this code operate to eliminate a property owner's right to continue a valid preexisting nonconforming use or structure under Chapter 250 of the Borough Code.[1]
A.
All provisions of this code not referring specifically to residential
dwellings or multifamily residential facilities shall apply generally
as appropriate to nonresidential buildings.
B.
General. The provisions of this code shall apply to all matters affecting
or relating to structures and premises. Where, in a specific case,
different sections of this code specify different requirements, the
most restrictive shall govern.
C.
Maintenance. Equipment, systems, devices and safeguards required
by this code or a previous regulation or code under which the structure
or premises was constructed, altered or repaired shall be maintained
in good working order. No owner, operator or occupant shall cause
any service, facility, equipment or utility which is required under
this section to be removed from or shut off from or discontinued for
any occupied dwelling, except for such temporary interruption as necessary
while repairs or alterations are in progress. The requirements of
this code are not intended to provide the basis for removal or abrogation
of fire protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner's designated
agent shall be responsible for the maintenance of buildings, structures
and premises.
D.
Application of other codes. Repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the Uniform Construction Code
of the State of New Jersey.
E.
Existing remedies. The provisions in this code shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and unsanitary.
F.
Workmanship. Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
code shall be executed and installed in a workmanlike manner and installed
in accordance with the manufacturer's installation instructions.
G.
Historic buildings. The provisions of this code shall not be mandatory
for existing buildings or structures designated as historic buildings
by state or federal authorities when such buildings or structures
are judged by the Code Official to be safe and in the public interest
of health, safety and welfare.
H.
Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing fixture, structure
or equipment, or for the public safety, health and general welfare,
not specifically covered by this code, shall be determined by the
Property Maintenance Code Official in consultation with and approval
by the Construction Official.
A.
In any case where the provisions of this code impose a higher standard
than set forth in any other ordinances of the Borough or under the
codes, regulations or laws of the State of New Jersey, then the standards
as set forth herein shall prevail, but if the provisions of this code
impose a lower standard than any other ordinances of the Borough or
of the laws of the State of New Jersey, then the higher standard contained
in any such other ordinance, code, regulation or law shall prevail.
B.
Severability. If a section, subsection, sentence, clause or phrase
of this code is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code.
After the date of enactment hereof, all licenses and permits
shall be issued upon compliance with this code as well as compliance
with the ordinances under which such licenses and permits are granted.
No license or permit or other certification of compliance with
this code shall constitute a defense against any violation of any
other ordinance of the Borough applicable to any building, structure
or premises, nor shall any provision here relieve any owner, operator
or occupant from complying with any such other provision nor any official
of the Borough from enforcing any such other provision.
A.
General. The Department of Property Maintenance Inspection is hereby
created and the executive official in charge thereof shall be known
as the "Property Maintenance Code Official."
B.
Appointment. The Property Maintenance Code Official shall report
to the Construction Official and be appointed by the Borough Council.
A.
Property Maintenance Code Official. The Property Maintenance Code
Official is hereby designated to serve as the enforcing officer hereunder,
and all inspections, regulations, enforcement and hearings on violations
of the provisions of this code, unless expressly stated to the contrary,
shall be under his direction and supervision. The Borough Council
in conjunction with the Construction Official may appoint or designate
such other public officials or employees of the Borough to perform
duties as may be necessary to the enforcement of this code, including
the making of inspections and holding of hearings.
B.
Deputies. In accordance with the prescribed procedures of this jurisdiction
and with the concurrence of the Borough Council and Construction Official,
the Property Maintenance Code Official may request the authority to
appoint a Deputy Property Maintenance Code Official, other related
technical officers, inspectors and other employees as necessary for
the effective enforcement of this chapter.
A.
General. The Property Maintenance Code Official shall enforce the
provisions of this code.
B.
Rule-making authority. The Property Maintenance Code Official shall
have authority as necessary in the interest of public health, safety
and general welfare, to adopt and promulgate rules and procedures;
to interpret and implement the provisions of this code; to secure
the intent thereof; and to designate requirements applicable because
of local climatic or other conditions. Such rules shall not have the
effect of waiving structural or fire performance requirements specifically
provided for in this code, or of violating accepted engineering methods
involving public safety.
A.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Property Maintenance
Code Official shall have the authority to grant modifications for
individual cases, provided that the Property Maintenance Code Official
shall first find that special individual reason makes the strict letter
of this code impractical and the modification is in compliance with
the intent and purpose of this code and that such modification does
not lessen health, life and fire safety requirements. The details
of action granting modifications shall be recorded and entered in
the department files.
B.
Alternative materials, methods and equipment. The provisions of this
code are not intended to prevent the installation of any material
or to prohibit any method of construction not specifically prescribed
by this code, provided that any such alternative has been reviewed
and approved by the Construction Official. An alternative material
or method of construction shall be approved where the Construction
Official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength, effectiveness,
fire resistance, durability and safety.
C.
Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this code, or evidence that a material or method
does not conform to the requirements of this code, or in order to
substantiate claims for alternative materials or methods, the Property
Maintenance Code Official shall have the authority to require tests
to be made as evidence of compliance at no expense to the jurisdiction.
D.
Test methods. Test methods shall be as specified in this code or
by other recognized test standards. In the absence of recognized and
accepted test methods, the Construction Official shall be permitted
to approve appropriate testing procedures performed by an approved
agency.
E.
Test reports. Reports of tests shall be retained by the Construction
Official for the period required for retention of public records.
F.
Material and equipment reuse. Materials, equipment and devices shall
not be reused unless such elements are in good repair or have been
reconditioned and tested when necessary, placed in good and proper
working condition and approved.
G.
Liability. The Property Maintenance Code Official, officer, deputies
or employee charged with the enforcement of this code, while acting
in good faith and without malice on behalf of the Borough of Florham
Park, shall not thereby be rendered liable personally, and is hereby
relieved from all personal liability for any damage accruing to persons
or property as a result of an act required or permitted in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be
defended by the legal representative of the jurisdiction until the
final termination of the proceedings. The Property Maintenance Code
Official or any subordinate shall not be liable for costs in an action,
suit or proceeding that is instituted in pursuance of the provisions
of this code; and any officer of the Department of Property Maintenance
Inspection, acting in good faith and without malice, shall be free
from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of official duties
in connection therewith.
A.
The Property Maintenance Code Official or his designee shall make
all of the required inspections, or shall accept reports of inspection
by approved agencies or individuals. All reports of such inspections
shall be in writing and be certified by a responsible officer of such
approved agency or by the responsible individual. The Property Maintenance
Code Official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise, subject
to the approval of the appointing authority.
B.
All buildings and premises subject to this code are subject to inspections
with reasonable cause and upon reasonable notice, from time to time,
by the enforcing officer of the Borough. At the time of such inspections,
all rooms in the building and all parts of the premises must be available
and accessible for such inspections, and the owner, operator and occupants
are required to provide the necessary arrangements to facilitate such
inspections. Such inspections shall be made between 8:00 a.m. and
4:00 p.m., unless one of the following conditions exists:
(1)
The premises are not available during the foregoing hours for inspections.
(2)
There is reason to believe that the violations are occurring on the
premises which can only be apprehended and proven by inspections during
other than the prescribed hours and which require immediate inspection
after being reported, e.g., failure to supply heat.
C.
Right of entry. The Property Maintenance Code Official or his designee
is authorized to enter the structure or premises at reasonable times
to inspect subject to constitutional restrictions on unreasonable
searches and seizures. If entry is refused or not obtained, the Property
Maintenance Code Official is authorized to pursue recourse as provided
by law.
D.
Where entry by inspectors is refused.
(1)
Penalties. Where the Property Maintenance Code Official or his agent is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this code and subject to the penalties under Borough Code § 1-16.
(2)
Search warrant or access warrant.
(a)
The Property Maintenance Code Official may, upon affidavit,
apply to the Judge of the Municipal Court of the Borough of Florham
Park for a search warrant, setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that
a nuisance or violation of the code may exist on the premises, including
one or more of the following:
[1]
Upon receipt of a complaint;
[2]
That observation of the external condition of the premises and
its public area has resulted in the belief that violations of the
code exist;
[3]
Circumstances such as age of building, type of building, particular
use of premises or other factors which render systematic inspections
of such buildings necessary in the interest of public health and safety.
(b)
If the Judge of the Municipal Court of the Borough of Florham
Park is satisfied as to the matter set forth in said affidavit, he
shall authorize the issuance of a search warrant permitting access
to an inspection of that part of the premises on which the nuisance
or violation may or is suspected to exist.
E.
Identification. The Property Maintenance Code Official shall carry
proper identification when inspecting structures or premises in the
performance of duties under this code. Inspectors shall be supplied
with official identification and, upon request, shall exhibit such
identification when entering any premises or dwelling unit or building
subject to this code. Inspectors shall conduct themselves so as to
avoid intentional embarrassment or inconvenience to occupants.
F.
Notices and orders. The Property Maintenance Code Official shall
issue all necessary notices or orders to ensure compliance with this
code.
G.
Department records. The Property Maintenance Code Official shall
keep official records of all business and activities of the department
specified in the provisions of this code. Such records shall be retained
in the official records as long as the building or structure to which
such records relate remains in existence, unless otherwise provided
for by other regulations.
A.
Notice to person responsible. Except as provided in Subsection L, whenever the Property Maintenance Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in this section to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with this section.
B.
Form. All such notices under this section shall be in accordance
with all of the following:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the violation or violations and why the notice
is being issued;
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code;
(5)
Inform the property owner of the right to appeal; and
C.
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time, not to exceed 30 days, to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the Property Maintenance Code Official in 10 days after service unless a hearing is requested pursuant to Subsection E.
D.
Service of notice. Notice may be served personally or by registered
or certified mail, return receipt requested, and, that failing, by
regular mail addressed to the last known address of the person to
be served. In the case of an occupant, notice may be posted upon the
door of his dwelling unit or building where service cannot otherwise
be effected. When the owner is not on the premises, the last known
address shall be the address of the owner as shown in the office of
the Tax Collector. If the last known address is not known, the notice
may be posted on the outside front entrance of the building. The Property
Maintenance Code Official shall provide notice to any owner, operator
or occupant of any violation at another address, provided that such
other address is filed with the Property Maintenance Code Official
personally or by certified mail. Service upon an owner, operator or
occupant may also be attained by service of any notice upon a member
of a family of the owner, operator or occupant, if the same normally
resides with the owner, operator or occupant and is at least 14 years
old. Date of service of the notice by mail shall be the day following
the day of mailing to addresses within the Borough and the fourth
day after the day of mailing to addresses outside the Borough. Should
the day of service fall upon a Sunday or other day when mail is not
ordinarily delivered, then the day of service shall be the next regular
delivery day. Notwithstanding any other provisions herein contained,
where the owner, operator, lessor or occupant cannot be found at an
address previously given, the owner, operator, lessor or occupant
affected thereby may be served by posting notice upon the premises
in a conspicuous place as near as possible to the front entrance thereof.
E.
Notice to become an order unless hearing requested. Within 10 days
of the date of service of a notice, the notice shall constitute a
final order.
F.
Extension of time. The Property Maintenance Code Official may extend
the time for correction or abatement of the violations for an additional
period of time not to exceed 30 days, except where major capital improvement
or renovations are involved, in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice. A bond may be required by the Construction
Official prior to granting a time extension or building permit.
G.
Summary abatement in emergency; notice and hearing not required. Where the violation or condition existing on the premises is of such a nature as to constitute a real and immediate threat to the health and safety of buildings, occupants or users unless abated without delay, the Property Maintenance Code Official shall either request the Borough Administrator and/or the Director of Community Services and/or the Construction Official to abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition within a period of time not to exceed three days, and, upon failure to do so, the Borough Administrator and/or the Director of Community Services and/or the Construction Official shall abate the condition immediately thereafter (see also Borough Code Chapter 94[1]).
H.
Cost of the abatement; remedies. Where abatement of violations or
conditions, or corrections of a defect, in the premises, not conforming
to municipal ordinances or state laws applicable thereto, requires
expenditure of Borough moneys, the following procedures may be implemented:
(1)
The Borough Administrator shall present a report of work proposed
to be done to accomplish the foregoing to the Mayor and Council, with
an estimate of the cost thereof, along with a summary of the procedure
undertaken by the Property Maintenance Code Official to secure compliance,
including notices served upon the owners, operators, lessors or agents,
as the case may be, hearings and orders of the Zoning Official or
Construction Official with reference thereto.
(2)
The Mayor and Council may thereupon, by resolution, authorize the
abatement of the nuisance, correction of the defect or work necessary
to place the premises in proper condition and in compliance with ordinances
of the Borough and laws of the state.
(3)
The Borough Administrator may thereafter proceed to have the work
performed in accordance with said resolution and shall, upon completion
thereof, submit a report of the moneys expended and costs to the Mayor
and Council.
(4)
After review of the same, the Mayor and Council may approve said
expenses and costs, whereupon the same shall become a lien against
said premises, collectible as provided by law.
(5)
A copy of the resolution approving said expenses and costs shall
be certified by the Mayor and Council and filed with the Tax Collector
of the Borough, who shall be responsible for the collection thereof,
and a copy of this report and resolution shall be sent by certified
mail to the owner.
(6)
Notwithstanding the procedure set forth above, the Borough shall
have the right to all other remedies available under the law to recover
the costs of abatement.
I.
Referral of violations. Any violation of any other ordinance or municipal,
county or state law, other than this code, discovered by the Property
Maintenance Code Official shall be referred by him to the official
agency responsible for the enforcement of such other ordinance.
J.
Extension of time where dispossess action undertaken. Where there
exists a violation of occupancy standards hereunder, an owner or operator,
upon receipt of a notice of violation, if unable to eliminate the
violation by peaceable means within the period of time specified in
said notice, shall commence within such period legal action to dispossess,
evict or eject the occupants who cause the violation. No further action
hereunder shall then be taken against the owner or operator so long
as the action aforesaid is pending in the court and is prosecuted
expeditiously and in good faith.
K.
Where notice and hearing not required prior to court proceedings.
(2)
Where the Property Maintenance Code Official, after hearing, shall
determine that there was a violation and a notice was served upon
the owner, operator or occupant, whether or not said violation was
abated prior to the issuance of an order, if thereafter within the
space of one year there shall be a second violation by the same owner,
operator or occupant of the same provision of this code discovered
on the same premises, the offender may be prosecuted on the second
violation without the Property Maintenance Code Official having first
given notice and the opportunity to be heard to the person responsible
for said violation. For this second violation and any subsequent violation
occurring within the one-year time period, the Property Maintenance
Code Official, without notice to the responsible party, shall file
a complaint with the Municipal Court and pursue the prosecution of
the same.
L.
Effect of notice on owner. For the purposes of enforcement of this
code, the service of notice on an owner, whether or not the owner
is also the operator, shall constitute notice of violations set forth
therein until said violations are abated in conformity with this code
and the other applicable ordinances of the Borough of Florham Park.
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Code Official and shall furnish to the
Code Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance
order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
B.
Each violation of a section or subsection of this code shall constitute
a separate and distinct violation independent of any other section
or subsection of any order issued pursuant to this code. Each day's
failure to comply with any such section or subsection shall constitute
a separate violation.
C.
Where an owner, operator or occupant has been convicted of a violation of this code and, within 12 months thereafter, has been found by the Judge of the Municipal Court to be guilty of a second violation, the Court may sentence the offender, in addition to or in lieu of the fine set forth in Subsection A, to imprisonment in the county jail for a period not to exceed 90 days.
E.
In the event of an imposition of a fine or penalty by the Municipal
Court or any other court of competent jurisdiction against the owner,
operator or lessor of any building or structure in the Borough for
violation of any Borough ordinance or any state law applicable to
the Borough, said fine or penalty shall be collectible as a lien against
the premises.
A.
General. When a structure or equipment is found by the Property Maintenance
Code Official to be unsafe, or when a structure is found unfit for
human occupancy, or is found unlawful, such structure shall be condemned
pursuant to the provisions of this code.
B.
Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
C.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
D.
Structure unfit for occupancy. A structure is unfit for occupancy
whenever the Property Maintenance Code Official finds that such structure
is unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin or rat
or other undomesticated animal infested, contains filth and contamination,
or lacks ventilation, illumination, sanitary or heating facilities
or other essential equipment required by this code, or because the
location of the structure constitutes a hazard to the occupants of
the structure or to the public.
E.
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or was erected, altered or occupied contrary to law.
F.
Closing of vacant structures. If the structure is vacant and unfit
for occupancy, and is not in danger of structural collapse, the Property
Maintenance Code Official is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the Property Maintenance
Code Official shall cause the premises to be closed and secured through
any available public agency or by contract or arrangement by private
persons and the cost thereof shall be charged against the real estate
upon which the structure is located and shall be a lien upon such
real estate and may be collected by any other legal resource.
G.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 188-13. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 188-13B.
H.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Property Maintenance
Code Official shall post on the premises or on defective equipment
a placard bearing the word "Condemned" and a statement of the penalties
provided for occupying the premises, operating the equipment or removing
the placard.
I.
Placard removal. The Property Maintenance Code Official shall remove
the condemnation placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Property Maintenance Code Official shall be subject
to the penalties provided by this code.
J.
Prohibited occupancy. Any occupied structure condemned and placarded
by the Property Maintenance Code Official shall be vacated as ordered.
Any person who shall occupy a placarded premises or shall operate
placarded equipment, and any owner or any person responsible for the
premises who shall let anyone occupy a placarded premises or operate
placarded equipment, shall be liable for the penalties provided by
this code.
A.
Imminent danger. When, in the opinion of the Property Maintenance
Code Official, there is imminent danger of failure or collapse of
a building or structure which endangers life, or when any structure
or part of a structure has fallen and life is endangered by the occupation
of the structure, or when there is actual or potential danger to the
building occupants or those in the proximity of any structure because
of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous
equipment, the Property Maintenance Code Official is hereby authorized
and empowered to order and require the occupants to vacate the premises
forthwith. The Property Maintenance Code Official shall cause to be
posted at each entrance to such structure a notice reading as follows:
"This Structure Is Unsafe and Its Occupancy Has Been Prohibited by
the Property Maintenance Code Official." It shall be unlawful for
any person to enter such structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous
condition or of demolishing the same.
B.
Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the Property Maintenance Code Official,
there is imminent danger due to an unsafe condition, the Code Official
shall order the necessary work to be done, including the boarding
up of openings, to render such structure temporarily safe whether
or not the legal procedure herein described has been instituted; and
shall cause such other action to be taken as the Property Maintenance
Code Official deems necessary to meet such emergency.
C.
Closing streets. When necessary for public safety, the Property Maintenance
Code Official shall temporarily close structures and close, or order
the authority having jurisdiction to close, sidewalks, streets, public
ways and places adjacent to unsafe structures, and prohibit the same
from being utilized.
D.
Emergency repairs. For the purposes of this section, the Property
Maintenance Code Official shall employ the necessary labor and materials
to perform the required work as expeditiously as possible.
A.
General. The Property Maintenance Code Official after consultation
with and approval by the Construction Official shall order the owner
of any premises upon which is located any structure, which in the
Code Official's judgment is so old, dilapidated or has become so out
of repair as to be dangerous, unsafe, unsanitary or otherwise unfit
for human habitation or occupancy, and such that it is unreasonable
to repair the structure, to demolish and remove such structure; or
if such structure is capable of being made safe by repairs, to repair
and make safe and sanitary or to demolish and remove at the owner's
option; or where there has been a cessation of normal construction
of any structure for a period of more than two years, to demolish
and remove such structure.
C.
Failure to comply. If the owner of a premises fails to comply with
a demolition order within the time prescribed, the Code Official shall
cause the structure to be demolished and removed, either through an
available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
D.
Salvage materials. When any structure has been ordered demolished
and removed, the governing body or other designated officer under
said contract or arrangement aforesaid shall have the right to sell
the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of
such sale or transaction, including the items of expense and the amounts
deducted, for the person who is entitled thereto, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
This code supplements and should be read in conjunction with
the Regulations for the Construction and Maintenance of Hotels and
Multiple Dwellings adopted and promulgated by the State of New Jersey
on July 19, 1968, and now in effect, together with any revisions or
amendments since that date. This code adopts in full the provisions
of the New Jersey State Housing Code (1980), together with any revisions
or amendments.
A.
Scope. Unless otherwise expressly stated, the following terms shall,
for the purposes of this code, have the meanings shown in this chapter.
B.
Interchangeability. Words stated in the present tense include the
future; words stated in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural,
the singular.
C.
Terms defined in other codes. Where terms are not defined in this
code and are defined in the New Jersey Uniform Construction Code,
or the adopted versions of the International Building Code or International
Mechanical Code, such terms shall have the meanings ascribed to them
as stated in those codes.
D.
Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted
meanings such as the context implies.
E.
Parts. Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "rooming house," "rooming unit" "housekeeping unit" or
"story" are stated in this code, they shall be construed as though
they were followed by the words "or any part thereof."
A.
ACCESSORY STRUCTURE
ADMINISTRATIVE AUTHORITY
APPROVED
BASEMENT
BATHROOM
BEDROOM
BUILDING
CENTRAL HEATING
CODE OFFICIAL
COMMENCEMENT OF WORK
CONDEMN
CONDOMINIUM ASSOCIATION
CONSTRUCTION OFFICIAL OR ZONING OFFICIAL
CONSTRUCTION SITE
CONTRACTOR
DWELLING
DWELLING UNIT
EASEMENT
EXCAVATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERIOR PROPERTY
EXTERMINATION
FAMILY
FIRE CHIEF
GARAGE, PRIVATE
GARAGE, PUBLIC OR STORAGE
GARBAGE
GUARD
HABITABLE ROOMS
HABITABLE SPACE
HOUSEKEEPING UNIT
IMMINENT DANGER
INFESTATION
INOPERABLE MOTOR VEHICLE
KITCHEN
LABELED
LAVATORY
LET FOR OCCUPANCY or LET
LOCAL HEALTH AGENCY
MULTIFAMILY DWELLING
NUISANCE
(1)
(2)
(3)
OCCUPANCY
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
PARTIES IN INTEREST
PERSON
PLUMBING
PREMISES
PUBLIC WAY
REFUSE
REGISTERED MAIL
ROOM
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SEWAGE
SLEEPING UNIT
STRICT LIABILITY OFFENSE
STRUCTURE
TENANT
TOILET ROOM
USE
UTILITIES
VENTILATION
WORKMANLIKE
YARD
The following terms, wherever used herein or referred to in this
code, shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context or where otherwise
established by law:
A subordinate use or building customarily incidental to the
primary use, and located on the same lot with the main use or building.
The department, branch or agency of this municipality which
is authorized by the adopting ordinance to administer the provisions
of this code.
Approved by the Property Maintenance Code Official.
The portion of the building that is partly or completely
below grade.
Enclosed space containing one or more toilets, lavatories
and bathtubs or showers or fixtures serving similar purposes.
Any room or space used or intended to be used for sleeping
purposes in either a dwelling or sleeping unit.
Any structure or part thereof, whether used for human habitation
or otherwise, and includes any accessory structure and appurtenances
belonging thereto or usually enjoyed therewith.
A heating system in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, which system is permanently
affixed on a fireproof base in accordance with the building code and
all other applicable codes of the Borough of Florham Park. Direct
electric and/or gas heating systems without the use of a boiler, serving
all dwelling units in a structure, are exempt from the above definition.
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
Any activity by the contractor, owner, or agent/operator
of either, that begins the process of construction, demolition or
excavation, which includes, but is not limited to, the use and storage
of machinery and supplies on the subject site covered by a properly
issued construction permit from the Borough of Florham Park Construction
Official.
[Added 12-12-2013 by Ord.
No. 13-15]
To adjudge unfit for occupancy.
Any group of persons jointly owning a multifamily residential
building or buildings and/or charged with the responsibility of providing
services or maintenance for said buildings. (See the definition of
"owner.")
The Construction Official, Zoning Official or Deputy Construction
Official of the Borough of Florham Park or such other official as
may be designated by said Construction Official with the concurrence
of the Mayor and Borough Council.
The real property identified in a construction or demolition
permit issued by the Borough of Florham Park Construction Official
or, in the event no such permits have been issued, the property identified
on the Tax Map of the Borough of Florham Park where demolition, excavation
or construction is occurring.
[Added 12-12-2013 by Ord.
No. 13-15]
The person or entity identified on the construction permit
issued by the Borough of Florham Park Construction Official as the
contractor of record for the subject project.
[Added 12-12-2013 by Ord.
No. 13-15]
Any structure or building designed for or occupied exclusively
for residential use including customary accessory buildings.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a said lot or lots.
The digging and/or removal of soil or other material forming
the surface grade of a construction site so as to leave a hole and/or
cavity in the surface grade.
[Added 12-12-2013 by Ord.
No. 13-15]
Any premises or yard or any part thereof, or any building
or any part thereof, which may be lawfully viewed by the public from
a sidewalk, street, alleyway, parking lot or from any adjoining or
neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rodents and vermin
and other undomesticated animals by elimination of their harboring
places; by removing or making inaccessible material that may serve
as their food; by poisoning, spraying, fumigating or trapping; or
by other approved means of pest elimination.
One person, doing his own cooking and living upon the premises
as a separate housekeeping unit, or a collective body of persons doing
their own cooking and living together upon the premises as a separate
housekeeping unit in a domestic relationship based upon birth, marriage
or other domestic bond as distinguished from a group occupying a boardinghouse,
lodging house, club, fraternity or hotel.
The Fire Chief of the Borough of Florham Park.
A building or part thereof accessory to a main building and
providing for the storage of less than four automobiles, and in which
no occupation or business is carried on.
A building or part thereof, other than a private garage,
for the storage of motor vehicles and in which service station activities
may be carried on.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, heater or boiler rooms, utility rooms
and other rooms or spaces that have less than 50 square feet of net
floor area.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and
eating which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
A condition which could cause serious or life-threatening
injury or death at any time.
The presence, within or contiguous to a structure or premises,
of insects, rats, vermin or other pests and/or undomesticated animals.
A vehicle which cannot be driven upon the public streets
for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair or incapable of being moved under
its own power.
Any room or part of a room used for cooking or the preparation
of food using a permanently installed cooking device.
Devices, equipment, appliances or materials to which have
been affixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and by whose
label the manufacturer attests to compliance with applicable nationally
recognized standards.
A wash bowl or basin with running water and drain connected
appropriately.
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises or structure
by a person who is or is not the legal owner of record thereof, pursuant
to a written or unwritten lease, agreement or license, or pursuant
to a recorded or unrecorded agreement of contract for the sale of
land.
Any county, regional, municipal or other governmental agency
organized for the purpose of providing health services, administered
by a full-time health officer and conducting a public health program
pursuant to law.
As defined in the New Jersey Uniform Construction Code.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Borough of Florham Park.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but is not limited
to abandoned wells, shafts, basements, excavations, refrigerators,
motor vehicles, any structurally unsound fences or structures, building
materials, trash, debris or vegetation such as poison ivy, oak or
sumac, which may prove a hazard for inquisitive children.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where such conditions
exist.
The purpose for which a building or portion thereof is utilized
or occupied.
That part of a window, skylight or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner or as fiduciary, including but not limited to administrator,
condominium association, guardian of the estate, receiver, trustee
or as mortgagee in possession, regardless of how such possession was
obtained. Any person who is a lessee subletting or reassigning any
part or all of any dwelling or dwelling unit shall be deemed to be
a co-owner with the lessor and shall have joint responsibility over
the portion of the premises sublet or assigned by said lessee.
All individuals, associations and corporations who have interest
of record in a building and any who are in actual possession thereof.
An individual, corporation, partnership or any other group
acting as a unit.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines, water pipes and lines
utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to garbage, rubbish, ashes, street
cleaning, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also the definitions of "garbage" and "rubbish.")
Registered mail or certified mail, return receipt requested.
A space in an enclosed building, or space set apart by a
partition or partitions, or any space in a building used or intended
to be used as a bedroom, dining room, living room, kitchen, sewing
room, library, computer room, den, music room, dressing room, enclosed
sleeping porch, sunroom, party room, recreation room, family room,
attic, breakfast room, study, storage room, home office or for similar
uses.
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Waste from a flush toilet, bathtub, sink, lavatory, dish
washing or installed clothes-washing machine, or the water-carried
waste from any other fixture or equipment or machinery.
A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen
facilities, but not both. Such rooms and spaces that are also part
of a dwelling unit are not sleeping units.
An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did an act which was
prohibited, or failed to do an act which the defendant was legally
required to do.
Anything constructed or erected which requires location above,
below or on the ground or attached to something having location above,
below or on the ground, including signs and billboards, fences or
walls used as fences.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
A room containing a water closet or urinal but not a bathtub
or shower.
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
Includes electric, gas or oil, water and sewerage, cable
and telephone services.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
Executed in a skilled manner; e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
All ground, lawn, court, walk, driveway or other open space
constituting the remaining part of the same premises with a building.
An open space on the same lot with a structure.
B.
Whenever the words "accessory structure," "building," "dwelling,"
"dwelling unit," "habitable room," "premises," "room" or "structure"
are used in this code, they shall be construed, unless expressly stated
to the contrary, to include the plurals of these words and as if they
were followed by the words "or any part thereof." The word "shall"
shall be applied retroactively as well as prospectively.
A.
Scope. The provisions of this chapter shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures,
equipment and exterior property.
B.
Responsibility. The owner of the premises shall maintain the structures
and exterior property in compliance with these requirements, except
as otherwise provided for in this code. A person shall not occupy
as owner-occupant or permit another person to occupy premises which
are not in a sanitary and safe condition and which do not comply with
the requirements of this chapter. Occupants of a dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit, rooming
unit, housekeeping unit or premises which they occupy and control.
C.
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this code, the respective obligations and responsibilities
of the owner and operator on one hand and the occupant on the other
shall not be altered or affected by an agreement or contract by and
between any of the aforesaid or between them and the other parties.
D.
Vacant structures and land. All vacant structures and premises thereof
or vacant land shall be maintained in a clean, safe, secure and sanitary
condition as provided herein so as not to cause a blighting problem
or adversely affect the public health or safety.
The duties and responsibilities of owners and operators are
as follows:
B.
Hazards and unsanitary conditions. The grounds related to buildings
shall be kept free of hazards and nuisances, including but not limited
to the following:
(1)
Refuse, brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, debris, slippery conditions and excretion of
pets and other animals on paths, walks, driveways, parking lots and
parking areas.
(2)
All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with § 188-15 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(3)
Natural growth such as dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof. (Trees shall be kept pruned and trimmed to prevent such conditions.) (See also Borough Code Chapter 159.[1])
(4)
Overhanging objects such as tree limbs, branches and accumulations
of ice and snow which, by reason of their location above ground level,
constitute a danger of falling on persons in the vicinity thereof.
(5)
Ground surface hazards such as holes, excavations, breaks, projections,
obstructions, icy conditions, uncleared snow on paths, walks, driveways,
parking lots and parking areas and other parts of the premises which
are accessible to and used by persons on the premises. Upon discovery
such hazards should be properly marked and protected until the hazard
is eliminated. All such holes and excavations shall be filled and
repaired, walks and steps replaced to original specification and other
conditions removed where necessary to eliminate hazards or unsanitary
conditions within 30 days of their discovery. Adequate gutters and
surface water runoff systems shall be provided and maintained to eliminate
recurrent or excessive accumulation of stormwater.
(6)
Accumulations of snow and ice on driveways, walks and parking areas
shall be promptly removed, or in no case later than 48 hours after
the cessation of the respective storm. The Borough may, however, after
fair notice, remove snow, ice or sleet from interior and exterior
drives, parking areas and walkways, with the cost to be paid or assessed
against the owner. The time requirement for snow, ice and sleet removal
may be modified by executive order of the Mayor and Council. Single-family
owner-occupied residential properties shall be exempted from the requirement
for removal of snow and ice from interior driveways, walkways and
parking areas.
(7)
Sidewalks, driveways and parking areas. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas, including those
in a public easement, shall be kept in a proper state of repair and
maintained so as to be free from hazardous conditions, displaced cracks,
holes or other defects hazardous to the safety and welfare of those
using said areas.
(8)
Maintenance
of sites under construction; securing the construction site.
[Added 12-12-2013 by Ord.
No. 13-15]
(a)
It shall be the responsibility of the contractor working at any construction
site or the owner of a construction site or the agent/operator of
either to secure the construction site with a barrier of sufficient
loading capacity to prevent and/or limit access to the subject site.
The barrier shall be a minimum of six feet tall and installed around
the entire perimeter of the construction site, or in another manner
and/or location as the Construction Official or Code Official, in
the reasonable exercise of his discretion, may determine is necessary
so as to protect the health and safety of the public. The perimeter
barrier shall be installed prior to the commencement of work as defined
and remain installed on the construction site until a certificate
of occupancy is issued or until the Construction Official or Code
Official determines the construction site no longer requires the barrier.
(b)
In addition, the Construction Official or Code Official shall have
the authority to require that the barrier described herein be installed
by the contractor or owner or agent of such lesser portion of a given
construction site than the entire perimeter, as he shall determine
based upon the extent of the demolition, excavation and/or construction.
(c)
The installation and acceptance of the required barrier by the Borough
Construction Official or Code Official shall be considered a “prior
approval,” and failure to fully comply will constitute a valid
reason for the issuance of a stop-work order under the New Jersey
Uniform Construction Code administered by the Borough Construction
Official.
(d)
Specific requirements.
[Added 12-12-2019 by Ord.
No. 19-18]
[1]
Inactive construction sites shall comply with the requirements of the Property Maintenance Code, specifically § 188-23.
[a]
All construction sites (i.e., large additions,
new homes, in-ground pools, home demolitions and large excavations)
shall be enclosed by a six-foot temporary fence as directed by the
Construction Official.
[b]
Temporary construction fences shall not be removed
until inspected and directed by the Construction Official.
[c]
Construction activities shall progress in a reasonable
manner not extending beyond the parameters as set forth in the UCC.
If, for any reason, construction activities cease for more than six
months, the Construction Official may revoke the permit under UCC
guidelines.
[2]
No construction site shall be used for the staging or storage
of construction equipment, commercially registered vehicles, heavy
equipment, storage containers, trailers, materials, dirt or debris,
except:
[a]
Trailers, heavy equipment, construction equipment,
and storage containers directly and actively used in furtherance of
the construction activities occurring on a particular construction
site may remain at the site for no more than 10 days after the completion
of such activities.
[b]
One commercially registered vehicle not exceeding
a manufacturer's gross vehicle weight of 10,000 pounds shall be permitted
to be stored, parked or remain overnight on the exterior premises
of any construction site within a residential zone.
[c]
Topsoil and fill necessary for backfill and final
grade and nonhazardous materials, dirt and debris resulting from or
used for the construction activities occurring on the site may remain
at the site until needed, provided that, to the fullest extent possible,
the same shall be properly stored and organized so as not to pose
a danger to the public or be kept in an unsightly condition.
[3]
Temporary portable toilets.
[a]
Portable toilets are required on all job sites
without a permanent toilet.
[b]
Portable toilets shall be placed within the temporary
fencing when possible.
[c]
When temporary fencing is removed or not present,
portable toilets shall be placed as close to the home or project as
possible.
[d]
At no time shall portable toilets be placed at
or on the curb of the property.
[e]
All portable toilets shall be cleaned and sanitized
at least once a week.
[f]
Regular cleaning as necessary to support specific
job sites.
[g]
Portable toilets shall be removed within five days
of the issuance of a certificate of occupancy or approval.
[4]
Dumpsters and garbage containers.
C.
Landscaping. All premises shall be kept landscaped pursuant to site
plan requirements (commercial property), and lawns, hedges and bushes
shall be kept trimmed to keep them from becoming overgrown and unsightly
where exposed to public view and from constituting a blighting factor
depreciating adjoining property and impairing the character of the
neighborhood. Lawns shall be considered overgrown and unsightly when
the grass exceeds six inches in height.
D.
Sidewalks damaged by roots of a Borough-owned or -supplied tree must
be repaired within 30 days of notification by the Property Maintenance
Code Official.
E.
Vacant land. Vacant land zoned or used for residential, commercial or industrial use is subject to the provisions of this chapter as well as those of Chapter 159 of the Code of the Borough of Florham Park relating to the removal of refuse, garbage and weeds. The Property Maintenance Code Official is hereby authorized and directed, in addition to the Director of Public Works, to initiate and receive complaints with respect to such conditions, as they affect the value and character of building development in the Borough.
The duties and responsibilities of owners and operators are
as follows:
A.
Sanitation. All exterior property and premises shall be maintained
in a clean, safe and sanitary condition. The occupant shall keep that
part of the exterior property which such occupant occupies or controls
in a clean and sanitary condition.
B.
Grading and drainage. All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon. Exception:
Approved retention areas and reservoirs.
C.
Rodent harborage. All structures and exterior property shall be kept
free from rodent harborage and infestation. Where rodents are found,
they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to eliminate rodent harborage and prevent reinfestation.
D.
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other
gaseous or particulate wastes directly upon abutting or adjacent public
or private property or that of another tenant.
E.
Accessory structures. All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound
and in good repair.
F.
Motor vehicles. Except as provided for in other regulations, no inoperative
or unlicensed motor vehicle shall be parked, kept or stored on any
premises, and no vehicle shall at any time be in a state of major
disassembly, disrepair or in the process of being stripped or dismantled.
Painting of vehicles is prohibited unless conducted inside an approved
spray booth. Exception: A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such work is performed
inside a structure or similarly enclosed area designed and approved
for such purposes.
G.
Defacement of property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure or building
on any private or public property by placing thereon any marking,
carving or graffiti. It shall be the responsibility of the owner to
restore said surface to an approved state of maintenance and repair.
H.
Every building and accessory structure and every part thereof shall
be kept structurally sound and in a state of good repair to avoid
deterioration, safety, health or fire hazards.
I.
Painting and other protective coating. All exposed surfaces susceptible
to decay shall be kept at all times painted or otherwise provided
with a protective coating sufficient to prevent deterioration and
maintain a proper appearance.
J.
Signs. All signs permitted by reason of other regulations or as an existing nonconforming use shall be maintained in good repair; and printed matter, pictures or illustrations contained thereon shall be completely maintained or, when no longer in use, completely removed. (See also Borough Code Chapter 199.[1]) Contractor signs may be displayed during the course of
a job but must conform to the Borough Sign Code and be removed when
the job is completed.
Swimming pools, hot tubs and spas and their enclosures, if any,
shall be maintained in a clean and sanitary condition, and in good
repair.
A.
General. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
B.
Protective treatment. All exterior surfaces, including but not limited
to doors, door and window frames, cornices, porches, trim, balconies,
decks and fences shall be maintained in good condition. Exterior wood
surfaces, other than decay-resistant woods, shall be protected from
the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors
and skylights shall be maintained weather-resistant and watertight.
All metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion and all surfaces with rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
C.
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 four inches (102 mm) high with a minimum
stroke width of 0.5 inch (12.7 mm).
D.
Structural members. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
E.
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
F.
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
G.
Roofs and 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 water shall not be
discharged in a manner that creates a public nuisance.
H.
Decorative features. All cornices, belt courses, corbels, terra cotta
trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition.
I.
Overhang extensions. All overhang extensions, including but not limited
to canopies, marquees, signs, metal awnings, fire escapes, standpipes
and exhaust ducts, shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
J.
Stairways, decks, porches and balconies. Every exterior stairway,
deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good repair, with proper anchorage
and capable of supporting the imposed loads.
K.
Chimneys and towers. All chimneys, cooling towers, smoke stacks and
similar appurtenances shall be maintained structurally safe and sound,
and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
L.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
M.
Window, skylight and door frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weathertight.
N.
Glazing. All glazing materials shall be maintained free from cracks
and holes.
O.
Openable windows. Every window, other than a fixed window, shall
be easily openable and capable of being held in position by window
hardware.
P.
Insect screens. From May 1 to November 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 (16 mesh per 25
mm), and every screen door used for insect control shall have a self-closing
device in good working condition. Exception: Screens shall not be
required where other approved means, such as air curtains or insect-repellent
fans, are employed.
Q.
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with § 188-29C.
R.
Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water,
and every basement hatchway that provides access to a dwelling unit,
rooming unit or housekeeping unit that is rented, leased or let shall
be equipped with devices that secure units from unauthorized entry.
S.
Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
T.
Building security. Doors, windows or hatchways for dwelling units,
room units or housekeeping units that are rented, leased or let shall
be provided with devices designed to provide security for the occupants
and property within.
U.
Doors. Doors providing access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped
with a deadbolt lock designed to be readily openable from the side
from which egress is to be made without the need for keys, special
knowledge or effort and shall have a lock throw of not less than one
inch (25 mm). Such deadbolt locks shall be installed according to
the manufacturer's specifications and maintained in good working order.
For the purpose of this section, a sliding bolt shall not be considered
an acceptable deadbolt lock.
V.
Windows. Operable windows located in whole or in part within six
feet (1,828 mm) above ground level or a walking surface below that
provide access to a dwelling unit, rooming unit or housekeeping unit
that is rented, leased or let shall be equipped with a window sash
locking device.
The duties and responsibilities of owners and operators are
as follows:
A.
The exterior of the premises and accessory structures shall be well
maintained and kept free of litter, debris and other unsightly conditions
such that the appearance of the premises and buildings shall not constitute
a blighting factor, including but not limited to the following:
(1)
Signs. All permanent signs exposed to public view shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint or finish has excessively peeled or cracked and any which have become obsolete shall, with their supporting members, be removed forthwith or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith. (See Borough Code Chapter 199.[1])
(2)
Windows. All windows shall be kept clean and free of marks or foreign
substances except when necessary in the course of changing displays.
No storage of materials, other than advertising display, stock or
inventory, shall be permitted in window areas or other areas ordinarily
exposed to public view unless said areas are first screened from the
public view by drapes, Venetian blinds or other rendering of the windows
opaque to the public view. All screening of interiors shall be maintained
in a clean and attractive manner and in a good state of repair.
(3)
Storefronts. All storefronts shall be kept in good repair and restored
as needed and shall not constitute a safety hazard or nuisance. In
the event that repairs to a storefront are made, such repairs shall
be made with the same or similar materials used in construction of
the storefront in such a manner as to permanently repair the damaged
area or areas.
On a lot within the triangular area (clear zone) determined
as provided in this section, no wall, fence, structure or other object
shall be erected to a height in excess of two feet; no vehicle, object
or other obstruction of a height in excess of two feet shall be permitted
within the corner clearance area; and no hedge, tree, shrub or other
growth shall be maintained at a height in excess of two feet, except
that trees whose branches are trimmed away to a height of at least
seven feet above the curb level shall be permitted. Such triangular
area or "sight triangle" is defined as that area at any intersection
extending 50 feet from center point of the intersection in all directions,
or 35 feet from the curbline, whichever is greater.
A.
General. A safe, continuous and unobstructed path of travel shall
be provided from any point in a building or structure to the public
way. Means of egress shall comply with the New Jersey Uniform Construction
Code.
B.
Aisles. The required width of aisles in accordance with the New Jersey
Uniform Construction Code shall be unobstructed.
C.
Locked doors. All means of egress doors shall be readily operable
from the side from which egress is to be made without the need for
keys, special knowledge or effort, except where the door hardware
conforms to that permitted by the New Jersey Uniform Construction
Code.
D.
Emergency escape openings. Required emergency escape openings shall
be maintained in accordance with the code in effect at the time of
construction, and the following: Required emergency escape and rescue
openings shall be operational from the inside of the room without
the use of keys or tools. Bars, grilles, grates or similar devices
are permitted to be placed over emergency escape and rescue openings,
provided that the minimum net clear opening size complies with the
code that was in effect at the time of construction and such devices
shall be releasable or removable from the inside without the use of
a key, tool or force greater than that which is required for normal
operation of the escape and rescue opening.
The duties and responsibilities of owners and operators are
as follows:
A.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Occupants shall keep that part of the structure which they
occupy or control in a sanitary condition. Every owner of a structure
containing a rooming house, housekeeping units, a hotel, a dormitory,
two or more dwelling units or two or more nonresidential occupancies
shall maintain, in a clean and sanitary condition, the shared or public
areas of the structure and exterior property.
B.
Structural members. All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
C.
Interior surfaces. All interior surfaces, including windows and doors,
shall be maintained in a sanitary condition. Peeling, chipping, flaking
or abraded paint shall be repaired, removed or covered. Cracked or
loose plaster, decayed wood and other defective surface conditions
shall be corrected. Owner-occupied detached single-family dwellings
shall be exempt from this provision.
D.
Stairs and walking surfaces. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound
condition and good repair.
E.
Handrails and guards. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained
in good condition.
F.
Interior doors. Every interior door shall fit reasonably well within
its frame and shall be capable of being opened and closed by being
properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware. Owner-occupied detached
single-family dwellings shall be exempt from this provision.
Every exterior and interior flight of stairs having more than
four risers shall have a handrail on one side of the stair and every
open portion of a stair, landing, balcony, porch, deck, ramp or other
walking surface which is more than 30 inches (762 mm) above the floor
or grade below shall have guards. Handrails shall not be less than
30 inches (762 mm) high or more than 42 inches (1,067 mm) high measured
vertically above the nosing of the tread or above the finished floor
of the landing or walking surfaces. Guards shall not be less than
30 inches (762 mm) high above the floor of the landing, balcony, porch,
deck or ramp or other walking surface. Exception: Guards shall not
be required where exempted by the adopted building code.[1]
A.
Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building shall be kept in good repair and capable of the
use intended by its design, and any exterior part or parts thereof
subject to corrosion or deterioration shall be kept maintained.
B.
Every roof, wall, window, exterior door and hatchway or skylight
shall be free from holes or leaks that would permit the entrance of
water within a dwelling or be a cause of dampness.
C.
Every foundation, floor and wall of a dwelling shall be made free
from chronic dampness.
D.
Every dwelling shall be free from rodents, vermin and insects. Rodent
or vermin extermination and rodent-proofing and vermin-proofing may
be required by the local health agency. Rodent and vermin extermination
shall be carried out in accordance with applicable codes and Borough
Health Officer directives.
E.
Every operable window, exterior door, skylight and other opening
to the outdoors shall be supplied with properly fitting screens in
good repair from May 1 until October 1 of each year. Such screens
shall have a mesh of not less than 16 gauge. Owner-occupied detached
single-family dwellings shall be exempt from this provision.
F.
G.
The Property Maintenance Code Official, Construction Official or
Zoning Official may order the owners to clean, repair, paint, whitewash
or paper such walls or ceilings when a wall or ceiling within a dwelling
has deteriorated so as to provide a harborage for rodents or vermin,
or when such a wall or ceiling has become stained or soiled, or the
plaster, wallboard or other covering has become loose or badly cracked
or missing. Non-owner occupants shall keep that part of the dwelling
they occupy in a clean and sanitary condition.
H.
Every water closet compartment floor and bathroom shall be so constructed
and maintained as to be reasonably impervious to water so as to permit
such floor to be kept in a clean condition.
I.
Every owner of a dwelling containing two or more dwelling units or
lodging units shall be responsible for maintaining in a clean and
sanitary condition the common areas of the dwellings and premises
thereof.
J.
All smoke detectors must be maintained in good working order.
A.
Scope. The provisions of this chapter shall govern the minimum plumbing
systems, facilities and plumbing fixtures to be provided.
B.
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.
A.
Dwelling units. Every dwelling unit shall contain its own bathtub
or shower, lavatory, water closet and kitchen sink, which shall be
maintained in a sanitary, safe working condition. The lavatory shall
be placed in the same room as the water closet or located in close
proximity to the door leading directly into the room in which such
water closet is located. A kitchen sink shall not be used as a substitute
for the required lavatory.
B.
Rooming houses. At least one water closet, lavatory and bathtub or
shower shall be supplied for each four rooming units.
C.
Hotels. Where private water closets, lavatories and baths are not
provided, one water closet, one lavatory and one bathtub or shower
having access from a public hallway shall be provided for each 10
occupants.
D.
Employees' facilities. A minimum of one water closet, one lavatory
and one drinking facility shall be available to employees.
E.
Drinking facilities. Drinking facilities shall be a drinking fountain,
water cooler, bottled water cooler or disposable cups next to a sink
or water dispenser. Drinking facilities shall not be located in toilet
rooms or bathrooms.
F.
Every water closet, lavatory and bathtub or shower for each dwelling
unit or lodging house shall be accessible from within the building
without passing through any part of any other dwelling unit or lodging
unit and in a lodging house shall be located no further than one floor
above or below the lodging units served. Such water closet, lavatory
and bathtub or shower shall be contained in a room or rooms which
are separated from all other rooms by walls, doors or partitions that
afford privacy.
G.
Every plumbing fixture shall be connected to water and sewer systems
approved by the New Jersey Department of Environmental Protection
and/or the local health agency, and shall be maintained in good working
condition.
H.
Every kitchen sink, lavatory and bathtub or showers required by this
code shall be connected to both hot and cold water lines.
I.
Cooking facilities, except microwave ovens, shall be limited to a
kitchen area having a sink and refrigeration. This area shall be ventilated
to remove cooking odor.
A.
Privacy. Toilet rooms and bathrooms shall provide privacy and shall
not constitute the only passageway to a hall or other space, or to
the exterior. A door and interior locking device shall be provided
for all common or shared bathrooms and toilet rooms in a multiple
dwelling.
B.
Location. Toilet rooms and bathrooms serving hotel units, rooming
units, dormitory units or housekeeping units shall have access by
traversing not more than one flight of stairs and shall have access
from a common hall or passageway.
C.
Location of employee toilet facilities. Toilet facilities shall have
access from within the employees' working area. The required toilet
facilities shall be located not more than one story above or below
the employees' working area and the path of travel to such facilities
shall not exceed a distance of 500 feet (152 m). Employee facilities
shall either be separate facilities or combined employee and public
facilities. Exception: Facilities that are required for employees
in storage structures or kiosks, which are located in adjacent structures
under the same ownership, lease or control, shall not exceed a travel
distance of 500 feet (152 m) from the employees' regular working area
to the facilities.
D.
Floor surface. In other than dwelling units, every toilet room floor
shall be maintained to be a smooth, hard, nonabsorbent surface to
permit such floor to be easily kept in a clean and sanitary condition.
A.
General. All plumbing fixtures shall be properly installed and maintained
in working order, and shall be kept free from obstructions, leaks
and defects and be capable of performing the function for which such
plumbing fixtures are designed. All plumbing fixtures shall be maintained
in a safe, sanitary and functional condition.
B.
Fixture clearances. Plumbing fixtures shall have adequate clearances
for usage and cleaning.
C.
Plumbing system hazards. Where it is found that a plumbing system
in a structure constitutes a hazard to the occupants or the structure
by reason of inadequate service, inadequate venting, cross connection,
backsiphonage, improper installation, deterioration or damage or for
similar reasons, the Code Official shall require the defects to be
corrected to eliminate the hazard.
A.
Every dwelling unit and lodging house shall be provided with a safe
supply of potable water meeting the standards as set forth in the
New Jersey Safe Drinking Water Act regulations (N.J.A.C. 7:10-1 et
seq.) published by the New Jersey Department of Environmental Protection.
B.
The source of such water supply shall be approved by the New Jersey
Department of Environmental Protection and/or the local health agency.
C.
Every sink, lavatory, bathtub or shower, drinking fountain, water
closet or other plumbing fixture shall be properly connected to either
a public water system or to an approved private water system. All
kitchen sinks, lavatories, laundry facilities, bathtubs and showers
shall be supplied with hot or tempered and cold running water in accordance
with the Uniform Construction Code.
D.
The water supply shall be maintained free from contamination, and
all water inlets for plumbing fixtures shall be located above the
flood-level rim of the fixture. Shampoo basin faucets, janitor sink
faucets and other hose bibs or faucets to which hoses are attached
and left in place shall be protected by an approved atmospheric-type
vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
E.
The water supply system shall be installed and maintained to provide
a supply of water to plumbing fixtures, devices and appurtenances
in sufficient volume and at pressures adequate to enable the fixtures
to function properly, safely and free from defects and leaks.
F.
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, bathtub, shower and laundry facility
at a temperature of not less than 110° F. (43° C.). A gas-burning
water heater shall not be located in any bathroom, toilet room, bedroom
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.
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.
A.
In every multifamily dwelling containing three or more dwelling units,
the owner shall provide or designate a superintendent, janitor, caretaker
or housekeeper, who shall at all times maintain the premises in compliance
with this code and keep the premises free from filth, garbage, refuse
and rubbish and who shall be responsible for the collection of garbage
and other refuse from the occupants on a regular schedule and at a
reasonable time, and placing the same out for collection in accordance
with the provisions of the Code of the Borough. Said person shall
be regularly available on the premises to perform his required duties.
B.
In the event that said superintendent, janitor, caretaker or housekeeper
shall not reside in said premises, the owner or operator shall make
his name, address and telephone number known to all tenants and shall
register the same with the Police, Fire and Zoning Official or Construction
Official and shall also make available the name of an alternative
individual who shall be responsible during the absence of said superintendent,
janitor, caretaker or housekeeper.
C.
In any premises containing 35 or more dwelling units, rooming units
or a combination thereof, said superintendent, janitor, caretaker
or housekeeper shall reside on the premises. In any premises containing
70 or more dwelling units, rooming units or a combination thereof,
said superintendent, janitor, caretaker or housekeeper shall be a
full-time employee. Where more than one building adjoining premises
or premises in near proximity to each other are in common ownership
or under common management or maintenance supervision, the requirements
contained herein shall apply separately to each building unless the
owner or manager thereof can demonstrate to the satisfaction of the
Zoning Official or Construction Official that the proper operation
of the premises and provisions for all essential services and facilities
as required under Borough codes can be provided by a resident superintendent,
janitor, caretaker or housekeeper of one building who shall assume
responsibility for the other building or buildings adjoining or in
near proximity of his place of residence. A guide for staffing maintenance
personnel is as follows:
|
Dwelling Units
|
Full-Time Personnel
|
|---|---|
|
70 to 100
|
1
|
|
101 to 150
|
2
|
|
151 to 225
|
3
|
D.
Said superintendent, janitor, caretaker or housekeeper shall have
sufficient knowledge, competence and responsibility and shall have
authority from the owner or operator to attend to or arrange for continual
operation of all essential services and facilities required under
this code. Where violations arise under this code and, by reason of
the same, the Zoning Official or Construction Official is doubtful
of the qualifications, competence and sense of responsibility of any
superintendent, janitor, caretaker or housekeeper, he shall provide
written notice to the owner or operator. In the event that the Zoning
Official or Construction Official shall find that such person is not
capable, competent or willing to regularly perform the duties required
by this code, he shall so report to the Borough Council and, with
its approval, order the owner or operator to provide that a suitable
person be placed in charge and be responsible for said premises within
30 days after notice.
E.
The failure of any superintendent, janitor, caretaker or housekeeper
to comply with the provisions of this code, even in disobedience of
instructions, shall not relieve the owner or operator from the duties
and responsibilities imposed by this code.
A.
Accumulation of rubbish or garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation
of rubbish or garbage.
B.
Approved garbage receptacles; removal of garbage.
(1)
Garbage or other organic waste shall be stored in liquid-tight receptacles
of metal, plastic or other approved material by the owner or renter.
Such receptacles shall be provided with tight-fitting covers. At least
one approved-type garbage receptacle shall be provided for each dwelling
unit.
C.
Rubbish storage facilities. Rubbish shall be stored in receptacles
of metal, plastic or other approved material. At least one rubbish
receptacle shall be provided for each dwelling unit.
D.
Garbage/rubbish containers shall be put out and removed from the
curbside within 24 hours of collection and stored out of the general
public's view.
E.
Recycling containers shall be used for all approved recyclable materials.
F.
Refrigerators. Refrigerators and similar equipment not in operation
shall not be discarded, abandoned or stored on premises without first
removing the doors.
G.
Disposal of garbage. Every occupant of a structure shall dispose
of garbage in a clean and sanitary manner by placing such garbage
in an approved garbage disposal facility or approved garbage containers.
H.
Garbage facilities. The owner of every dwelling shall supply one
of the following: an approved mechanical food waste grinder in each
dwelling unit; an approved incinerator unit in the structure available
to the occupants in each dwelling unit; or an approved leakproof,
covered, outside garbage container.
I.
Containers. The operator of every establishment producing garbage
shall provide, and at all times cause to be utilized, approved leakproof
containers provided with close-fitting covers for the storage of such
materials until removed from the premises for disposal.
A.
Infestation. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found
shall be promptly exterminated by approved processes that will not
be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
B.
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
C.
Single occupant. The occupant of a one-family dwelling or of a single-tenant
nonresidential structure shall be responsible for extermination on
the premises.
D.
Multiple occupancy. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation
is caused by failure of an occupant to prevent such infestation in
the area occupied, the occupant shall be responsible for extermination.
E.
Occupant. The occupant of any structure shall be responsible for
the continued rodent- and pest-free condition of the structure. Exception:
Where the infestations are caused by defects in the structure, the
owner shall be responsible for extermination.
A.
Scope. The provisions of this chapter shall govern the minimum mechanical
and electrical facilities and equipment to be provided.
B.
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.
A.
Facilities required. Heating facilities shall be provided in structures
as required by this section.
B.
Residential occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68° F.
(20° C.) in all habitable rooms, bathrooms and toilet rooms during
the period of October 1 to May 1. Cooking appliances shall not be
used to provide space heating to meet the requirements of this section.
C.
Heat supply. Every owner and operator of any building who rents,
leases or lets one or more dwelling units or sleeping units on terms,
either expressed or implied, to furnish heat to the occupants thereof
shall supply heat during the period from October 1 to May 1 to maintain
a temperature of not less than 68° F. (20° C.) in all habitable
rooms, bathrooms, and toilet rooms. Exceptions:
D.
Room temperature measurement. The required room temperatures shall
be measured three feet (914 mm) above the floor near the center of
the room and two feet (610 mm) inward from the center of each exterior
wall.
A.
Mechanical appliances. All mechanical appliances, fireplaces, solid-fuel-burning
appliances, cooking appliances and water-heating appliances shall
be properly installed and maintained in a safe working condition,
and shall be capable of performing the intended function.
B.
Removal of combustion products. All fuel-burning equipment and appliances
shall be connected to an approved chimney or vent. Exception: Fuel-burning
equipment and appliances which are labeled for unvented operation.
C.
Every approved space heater, except electrical, shall be properly
vented to a chimney or duct leading to the outdoors. Unvented portable
and unapproved space heaters burning solid, liquid or gaseous fuels
shall be prohibited.
D.
Clearances. All required clearances to combustible materials shall
be maintained.
E.
Safety controls. All safety controls for fuel-burning equipment shall
be maintained in effective operation.
F.
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 for the fuel-burning equipment.
G.
Energy conservation devices. Devices intended to reduce fuel consumption
by attachment to a fuel-burning appliance, to the fuel supply line
thereto, or to the vent outlet or vent piping therefrom shall not
be installed unless labeled for such purpose and the installation
is specifically approved.
A.
General. Elevators, dumbwaiters and escalators shall be maintained
in compliance with ASME A17.1. The most current certification of inspection
shall be on display at all times within the elevator or attached to
the escalator or dumbwaiter, or the certificate shall be available
for public inspection in the office of the building operator. The
inspection and tests shall be performed at not less than the periodical
intervals listed in ASME A17.1, Appendix N, except where otherwise
specified by the authority having jurisdiction.
B.
Elevators. In buildings equipped with passenger elevators, at least
one elevator shall be maintained in operation at all times when the
building is occupied. Exception: Buildings equipped with only one
elevator shall be permitted to have the elevator temporarily out of
service for testing or servicing.
Duct systems shall be maintained free of obstructions and shall
be capable of performing the required function.
A.
Habitable spaces. Every habitable space shall have at least one window
of approved size facing directly to the outdoors or to a court. The
minimum total glazed area for every habitable space shall be 8% of
the floor area of such room. Wherever walls or other portions of a
structure face a window of any room and such obstructions are located
less than three feet (914 mm) from the window and extend to a level
above that of the ceiling of the room, such window shall not be deemed
to face directly to the outdoors nor to a court and shall not be included
as contributing to the required minimum total window area for the
room.
(1)
Exception: Where natural light for rooms or spaces without exterior
glazing areas is provided through an adjoining room, the unobstructed
opening to the adjoining room shall be at least 8% of the floor area
of the interior room or space, but not less than 25 square feet (2.33
m2). The exterior glazing area shall be
based on the total floor area being served.
(2)
In lieu of the means for natural light and ventilation herein prescribed,
artificial light or mechanical ventilation complying with the International
Building Code may be provided.
B.
Common halls and stairways. Every common hall and stairway in residential
occupancies, other than in one- and two-family dwellings, shall be
lighted at all times with at least a sixty-watt standard incandescent
light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing
between lights shall not be greater than 30 feet (9,144 mm). In other
than residential occupancies, means of egress, including exterior
means of egress, stairways shall be illuminated at all times the building
space served by the means of egress is occupied with a minimum of
one footcandle (11 lux) at floors, landings and treads.
C.
Other spaces. All other spaces shall be provided with natural or
artificial light sufficient to permit the maintenance of sanitary
conditions, and the safe occupancy of the space and utilization of
the appliances, equipment and fixtures.
A.
Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and § 188-50.
B.
Service. The size and usage of appliances and equipment shall serve
as a basis for determining the need for additional facilities in accordance
with the National Electrical Code. Units shall be served by a three-wire,
120/240 volt, single phase electrical service having a rating of not
less than 60 amperes.
C.
Electrical system hazards. Where it is found that the electrical
system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient
receptacle and lighting outlets, improper wiring or installation,
deterioration or damage, or for similar reasons, the Code Official
shall require the defects to be corrected to eliminate the hazard.
A.
Installation. All electrical equipment, wiring and appliances shall
be properly installed and maintained in a safe and approved manner.
B.
Receptacles. Every habitable space in a dwelling shall contain at
least two separate and remote receptacle outlets. 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. Any new bathroom receptacle outlet shall
have ground fault circuit interrupter protection.
C.
Every habitable room shall contain at least two separate, approved,
wall-type electric convenience outlets, or one such convenience outlet
and one ceiling or wall-type electric light fixture. Every such outlet
and fixture shall be maintained in good and safe condition, and shall
be connected to the source of electric power. No temporary wiring
shall be used except extension cords which run directly from portable
electrical fixtures to convenience outlets, and which do not lie under
rugs or other floor coverings, nor extend through doorways, transoms
or other openings through structural elements.
D.
Luminaires. Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room and furnace room shall contain
at least one electric luminary.
E.
Every bathroom and water closet compartment shall have either natural
or artificial light available at all times, with an illumination of
at least three lumens per square foot (three footcandles). Such light
shall be measured 36 inches from the floor at the center of the room.
Artificial lighting shall be controlled by a wall switch so located
as to avoid danger of electrical hazards. Ground fault interrupter
circuits shall be installed to protect all bathroom wall outlets.
F.
All electrical outlets, where required by the National Electrical
Code, shall be protected by ground fault interrupter (GFI) circuits.
A.
Privacy. Dwelling units, rooming units and dormitory units shall
be arranged to provide privacy and be separate from other adjoining
spaces.
B.
Minimum room widths. A habitable room, other than a kitchen, shall
not be less than seven feet (2,134 mm) in any plan dimension. Kitchens
shall have a clear passageway of not less than three feet (914 mm)
between counterfronts and appliances or counterfronts and walls.
C.
Minimum ceiling heights.
(1)
Habitable spaces, hallways, corridors, laundry areas, bathrooms,
toilet rooms and habitable basement areas shall have a clear ceiling
height of not less than seven feet (2,134 mm).
(2)
Exceptions:
(a)
In one- and two-family dwellings, beams or girders spaced not
less than four feet (1,219 mm) on center and projecting not more than
six inches (152 mm) below the required ceiling height.
(b)
Basement rooms in one- and two-family dwellings occupied exclusively
for laundry, study or recreation purposes, having a ceiling height
of not less than six feet eight inches (2,033 mm) with not less than
six feet four inches (1,932 mm) of clear height under beams, girders,
ducts and similar obstructions.
(c)
Rooms occupied exclusively for sleeping, study or similar purposes
and having a sloped ceiling over all or part of the room, with a clear
ceiling height of at least seven feet (2,134 mm) over not less than
1/3 of the required minimum floor area. In calculating the floor area
of such rooms, only those portions of the floor area with a clear
ceiling height of five feet (1,524 mm) or more shall be included.
D.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
E.
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
50 square feet of floor space for each occupant thereof.
F.
At least 1/2 of the floor area of every habitable room shall have
a ceiling height of at least seven feet. The floor area of that part
of any room where the ceiling is less than five feet shall not be
considered as part of the floor area in computing the total floor
area of the room for the purpose of determining the maximum permissible
occupancy thereof.
G.
A room located in whole or in part below the level of the ground
may be used for sleeping, provided that the walls and floor thereof
in contact with the earth have been waterproofed in accordance with
a method approved by the Construction Official; and provided that
all requirements otherwise applicable to habitable rooms generally
are satisfied.
H.
Every dwelling, dwelling unit or lodging unit shall have safe and
unobstructed means of egress. Such means of egress shall not be through
any other dwelling unit or part thereof and shall lead to a safe and
open space at ground level accessible to a street.
I.
A room used for sleeping purposes under the provisions of Subsection G of this section shall be provided with two safe and unobstructed means of egress leading directly to an outside area accessible to a street.
J.
There shall be not fewer than two independent exits remote from each
other from every floor of a building greater than two stories in height
having more than two dwelling and/or lodging units.
K.
Access from bedrooms. Bedrooms shall not constitute the only means
of access to other bedrooms or habitable spaces and shall not serve
as the only means of egress from other habitable spaces. Exception:
Units that contain fewer than two bedrooms.
L.
Water closet accessibility. Every bedroom shall have access to at
least one water closet and one lavatory without passing through another
bedroom. Every bedroom in a dwelling unit shall have access to at
least one water closet and lavatory located in the same story as the
bedroom or an adjacent story.
M.
Prohibited occupancy. Kitchens and nonhabitable spaces shall not
be used for sleeping purposes.
N.
Other requirements. Bedrooms shall comply with the applicable provisions of this code, including but not limited to the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities described in § 188-34 and the water-heating facilities requirements of § 188-37F; the heating facilities and electrical receptacle requirements of §§ 188-44 and 188-50B, respectively; and the smoke detector requirements of § 188-57B and emergency escape requirements of § 188-29D.
O.
Overcrowding. The number of persons occupying a dwelling unit shall
not create conditions that, in the opinion of the Code Official, endanger
the life, health, safety or welfare of the occupants.
A.
Means of ventilation shall be provided for every habitable room.
Such ventilation may be provided either by an easily operable window
or skylight having an openable area of at least 50% of the minimum
window area or minimum skylight area, or by other means acceptable
to the Construction Official which will provide at least two air changes
per hour.
B.
Means of ventilation shall be provided for all bathroom or water
closet compartments. Such ventilation may be provided either by an
easily operable window or skylight having an openable area of at least
50% of the minimum window area or minimum skylight area, or by other
means acceptable to the Construction Official which will provide at
least six air changes per hour.
Duties and responsibilities of occupants shall be as follows:
A.
General and specific provisions; all residential. Occupants shall not, after notice as required under § 188-13, occupy or continue to occupy premises which are substandard by reason of the failure of the dwelling unit or rooming unit occupied by them or of the dwelling or premises to conform to and comply with the requirement of this code. Upon discovery by an occupant of any condition on premises which constitute a violation of this code, said occupant first shall provide notice to the owner or operator pursuant to Subsection G. Should relief be denied, said occupant then shall report the same to the Zoning Official or Construction Official responsible for enforcement hereunder.
B.
Cleanliness and sanitation. All parts of the premises under the control
of the occupant and/or operator shall be kept in a safe, clean and
sanitary condition, and the occupant shall refrain from performing
any acts which would render the premises substandard, unclean or unsanitary
or which would obstruct the owner or operator from performing any
duty required hereunder or maintaining the premises in a clean and
sanitary condition.
C.
Garbage disposal and personal accumulations. Occupants shall place
all garbage only in the receptacles provided for garbage disposal
and, where janitor service is not supplied, shall place for disposal
all garbage and other refuse only in garbage cans located in the exterior
of the premises in an area designated and set forth for the same.
Where janitorial service for the removal of garbage and other refuse
to the exterior of the premises is provided by the owner or operator,
then the occupant shall dispose of garbage and other refuse only in
containers provided therefor by the owner or operator in designated
and enclosed areas in the interior of the premises. All recyclables
shall be put in approved containers for disposal.
D.
Eliminating infestation.
(1)
All residential. Every occupant of a residential dwelling unit shall
be responsible for eliminating all conditions affecting infestation
which are caused by the occupant and also those conditions which are
subject to and under his exclusive control.
(2)
Nonresidential. Every owner, operator or occupant shall be responsible
for the elimination and extermination of infestation in and on the
premises subject to his control.
E.
Malicious damage. Every occupant and owner or operator shall be responsible
for repairing damage caused to any part of the premises by willful
or malicious act.
F.
Misuse of heating/cooking equipment. No occupant shall suffer or
cause excessive discoloration of the walls, ceiling or floors of any
part of the premises by improper use of heating or cooking equipment.
Cooking equipment may not be used for heating purposes.
G.
Providing notice of defect to owner. Where the owner or operator
would not otherwise know of a defect of any facility, utility or equipment
required to be furnished hereunder and the same is defective or inoperable,
each occupant or operator affected shall upon learning of said defect
provide notice in writing to the owner, operator or other person in
charge of the premises. Nothing herein shall be construed to provide
a defense to any owner or operator violating this code. Repairs are
to be made within 30 days of notice.
H.
Violations by minors and guests. Any adult member of the immediate
family shall be responsible and liable for any violation of this section
caused by minors in his or her care or custody occupying the same
dwelling unit. The adult members of the family shall also be responsible
for damage caused by guests.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required to be supplied by the provisions
of this code or local or state laws to be removed from or discontinued
for an occupied dwelling unit except for necessary repairs, alterations
for emergencies or for such other reason as may be permitted pursuant
to those sections of the Borough ordinances applicable to such service,
facility, equipment or utility.
A.
Fire doors and smoke barrier doors shall not be blocked or obstructed
or otherwise made inoperable.
B.
Scope. The provisions of this chapter shall govern the minimum conditions
and standards for firesafety relating to structures and exterior premises,
including firesafety facilities and equipment to be provided.
C.
Responsibility. The owner of the premises shall provide and maintain
such firesafety facilities and equipment in compliance with these
requirements. A person shall not occupy as owner-occupant or permit
another person to occupy any premises that do not comply with the
requirements of this chapter.
A.
Fire-resistance-rated assemblies. The required fire-resistance rating
of fire-resistance-rated walls, fire stops, shaft enclosures, partitions
and floors shall be maintained.
B.
Opening protectives. Required opening protectives shall be maintained
in an operative condition. All fire and smoke-stop doors shall be
maintained in operable condition.
A.
General. All systems, devices and equipment to detect a fire, actuate
an alarm, or suppress or control a fire or any combination thereof
shall be maintained in an operable condition at all times in accordance
with the New Jersey Uniform Construction Code.
B.
Smoke alarms. Single or multiple-station smoke alarms shall be installed
and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated
in Group R occupancies, regardless of occupant load at all of the
following locations:
(1)
On the ceiling or wall outside of each separate sleeping area in
the immediate vicinity of bedrooms.
(2)
In each room used for sleeping purposes.
(3)
In each story within a dwelling unit, including basements, but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling
units with split levels and without an intervening door between the
adjacent levels, a smoke alarm installed on the upper level shall
suffice for the adjacent lower level, provided that the lower level
is less than one full story below the upper level. Single or multiple-station
smoke alarms shall be installed in other groups in accordance with
the International Fire Code.
C.
Power source.
(1)
In Group R occupancies and in dwellings not regulated as Group R
occupancies, single-station smoke alarms shall receive their primary
power from the building wiring, provided that such wiring is served
from a commercial source and shall be equipped with a battery backup.
Smoke alarms shall emit a signal when the batteries are low. Wiring
shall be permanent and without a disconnecting switch other than as
required for overcurrent protection.
(2)
Exception: Smoke alarms are permitted to be solely battery operated
in buildings where no construction is taking place, buildings that
are not served from a commercial power source and in existing areas
of buildings undergoing alterations or repairs that do not result
in the removal of interior wall or ceiling finishes exposing the structure,
unless there is an attic, crawl space or basement available which
could provide access for building wiring without the removal of interior
finishes.
D.
Interconnection.
(1)
Where more than one smoke alarm is required to be installed within
an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings
not regulated as Group R occupancies, the smoke alarms shall be interconnected
in such a manner that the activation of one alarm will activate all
of the alarms in the individual unit. The alarm shall be clearly audible
in all bedrooms over background noise levels with all intervening.
(2)
Exceptions.
(a)
Interconnection is not required in buildings which are not undergoing
alterations, repairs or construction of any kind.
(b)
Smoke alarms in existing areas are not required to be interconnected
where alterations or repairs do not result in the removal of interior
wall or ceiling finishes exposing the structure, unless there is an
attic, crawl space or basement available which could provide access
for interconnection without the removal of interior finishes.
[Added 9-24-2015 by Ord.
No. 15-17]
A.
Purpose.
This section is adopted to control the planting, growing, maintaining
and/or cultivating of bamboo in the Borough of Florham Park and to
require barriers to prevent the spread of existing bamboo into other
areas of the Borough.
B.
Regulation of the planting, growing or cultivating of bamboo. Subject
to certain exemptions set forth in this section, no persons, residents,
citizens, property owners and/or tenants of the Borough shall plant,
cultivate, or cause to grow, any bamboo on any lot and/or parcel of
ground anywhere within the geographic boundaries of the Borough of
Florham Park, except for:
(1)
Where the root system of such bamboo plants is entirely contained
within an above-ground-level planter, barrel, or other vessel of such
design, material and location as to entirely prevent the spread of
growth of the bamboo plants' root system beyond the container beyond
which it is planted,
(2)
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line.
C.
Exemptions. This section shall not apply to any land owner or possessor of said land who, prior to the effective date of this section, has any bamboo on any property within the Borough limits. Notwithstanding the foregoing, no portions of such bamboo shall be allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or onto any private property. If such occurs, the provisions of Subsection D shall apply.
D.
Complaint notice, order for removal and compliance. Whenever a complaint
is received by the Borough regarding the encroachment of any bamboo
plant or root, or whenever the Borough, on its own observations and
inspections, determines that there is an encroachment of bamboo plants
or roots on to the property of another land owner, or tenant in possession
of the property, or both, the Borough shall cause notice to be served
and the following actions occur:
(1)
The notice shall be mailed by certified mail, return receipt requested,
properly addressed and with sufficient postage, and also by first-class
mail. Notice by certified mail shall be deemed complete on the date
of personal delivery, or the date the certified mail is marked refused
or unclaimed or otherwise undeliverable by the United States Post
Office. First-class mail shall be deemed delivered within five calendar
days of its being mailed by the Borough.
(2)
The notice shall specify the nature of the violation(s).
(3)
The notice shall state that the violation(s) must be corrected within
30 calendar days from the date of the received or returned mailing.
(4)
The notice shall state specifically what must be done by the responsible
party to correct the violation(s).
E.
Repealer. All ordinances of the Borough of Florham Park which are
inconsistent with the provisions of this section are hereby repealed
as to the extent of such inconsistency.
F.
Violations and penalties.
(1)
Any person determined by any court of competent jurisdiction to have
violated this section shall be subject to pay a fine of not less than
$25 per day nor more than $100 per day, for each day the violation
exists after the date for removal as set forth in the notice which
was sent to violator and received by the violator as defined above.
Each day of a continuing violation shall constitute a separate offense,
for which an additional fine can be levied. The per-day fine will
be in addition to a penalty for failure to comply with the Bamboo
Ordinance. This fine can be up to the maximum penalty set by the State
of New Jersey.
(2)
If the violation is not remedied within the time set forth in the
aforesaid notice, the Borough is hereby authorized to remove or have
removed any encroaching bamboo and to take all reasonable steps to
eradicate the regrowth of the bamboo on the public rights of way,
including sidewalks, and to restore such land to its normal condition,
prior to such removal and eradication.
(3)
The cost of the corrective action together with any civil penalties,
legal fees and other costs shall be recoverable from the responsible
party.
G.
Severability. If any section, subsection, clause or phrase of this
section is for any reason held to be unconstitutional or invalid by
any Court of competent jurisdiction, such decision shall not affect
the remaining portion of this section.
