The provisions of this code shall constitute the standards to guide the Public Officer or his agents in determining the fitness of a building for human habitation, use or occupancy.
The words, terms or phrases listed below for the purpose of this code shall be defined and interpreted as follows:
ADMINISTRATIVE AUTHORITY
The department, branch or agency of this municipality which is authorized by the adopting ordinance to administer the provisions of this code.
BUILDING
Any building or structure, or part thereof, used for human habitation, use, or occupancy and includes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith.
DWELLING
A building or structure or part thereof containing one or more dwelling units or lodging units.
DWELLING UNIT
Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used, for living, sleeping, cooking, and eating.
GARBAGE
The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets, and storage spaces.
INFESTATIONS
The presence, within or around a building, of any insects, rodents, or other pests.
LODGING HOUSE
Any building, or that part of any building, containing one or more lodging units, each of which is rented by one or more persons not related to the owner.
LODGING UNIT
A rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone within a building.
OCCUPANT
Any person or person in actual possession of and living in the building or dwelling unit, including the owner.
OWNER
Any person properly authorized to exercise powers of or for an owner of property for purposes of its purchase, sale, use, occupancy, or maintenance.
PERSON
Shall be given the same meaning as defined in N.J.S.A. 1:1-2 of the Revised Statutes of New Jersey.
PLUMBING FIXTURES
Include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
PUBLIC OFFICER
The officer or officers who are authorized by the adopting ordinance to exercise powers prescribed by this code.
RUBBISH
Includes all combustible and noncombustible waste material, except garbage.
UTILITIES
Include electric, gas, heating, water and sewerage services, and equipment therefor.
A. 
Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards as set forth in "Potable Water Standards" as published by the New Jersey State Department of Health.
B. 
The source of such water supply shall be approved by the New Jersey State Department of Health and/or the Board of Health.
C. 
The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than two gallons per minute.
A. 
Every dwelling unit shall contain a kitchen sink of nonabsorbent impervious material, at least one flush-type water closet, a lavatory, and a bathtub or shower, available only for the use of the occupants of that dwelling unit.
B. 
Every lodging house shall be provided with a minimum of one flush-type water closet, lavatory, and a bathtub or shower for every eight persons or part thereof.
C. 
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 farther 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.
D. 
Every plumbing fixture shall be connected to water and sewer systems approved by the Board of Health, and shall be maintained in good working condition.
E. 
Every kitchen sink, lavatory, and bathtub or shower required by this code shall be connected to both hot and cold water lines.
F. 
Every dwelling shall have water-heating facilities which are installed and maintained in good and safe working condition, connected with the hot water lines required under the provisions of § 396-82D of this code, and capable of delivering water at a minimum temperature of not less than 120º F.
A. 
Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. At least one approved-type garbage receptacle shall be provided for each dwelling unit, in accordance with § 396-91I of this code.
B. 
Rubbish shall be stored in receptacles of metal or other approved material. At least one rubbish receptacle shall be provided for each dwelling unit, in accordance with § 396-91I of this code.
A. 
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area measured between stops, for every habitable room, shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any habitable room and are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included in calculating the required minimum total window area.
B. 
Every dwelling shall be provided with electric service.
C. 
Every habitable room shall contain at least two separate 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. 
Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility room, and all similar nonhabitable space located in a dwelling shall have either natural or artificial light available at all times, with an illumination of at least two lumens per square foot (two footcandles) in the darkest portions.
E. 
Every portion of any interior or exterior passageway or staircase common to two or more families in a dwelling shall be illuminated naturally or artificially at all times with an illumination of at least two lumens per square foot (two footcandles) in the darkest portion of the normally traveled stairs and passageway. In dwellings comprising two dwelling units, such illumination shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
F. 
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 measure 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.
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 45% of the minimum window area or minimum skylight area as required in § 396-85A of this code, or by other means acceptable to the administrative authority which will provide at least two air changes per hour.
B. 
Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in § 396-85A of this code, or by other means acceptable to the administrative authority which will provide at least six changes of air per hour.
A. 
Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 70º F. when the outside temperature is 0º F. The temperature shall be read at a height of three feet above floor level at the center of the room.
B. 
Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors. Unvented portable space heaters, burning solid, liquid, or gaseous fuels, shall be prohibited.
A. 
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.
B. 
A room used for sleeping purposes under the provisions of § 396-90E of this code shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.
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 well painted.
B. 
Every inside and outside stairway, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. Every stairway having three or more steps shall be properly banistered and safely balustraded.
C. 
Every porch, balcony, roof, and/or similar place higher than 30 inches above the ground, used for egress or for use by occupants, shall be provided with adequate railings or parapets. Such protective railings or parapets shall be properly balustraded and be not less than three feet in height.
D. 
Every roof, wall, window, exterior door, and hatchway shall be free from holes or leaks that could permit the entrance of water within a dwelling or be a cause of dampness.
E. 
Every foundation, floor, and wall of a dwelling shall be free from chronic dampness.
F. 
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 Board of Health. Rodent and vermin extermination shall be carried out in accordance with § 396-90K of this code. Every openable 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 No. 16.
G. 
Every building, dwelling, dwelling unit and all other area of the premises shall be clean and free from garbage or rubbish and hazards to safety. Lawns, hedges and bushes shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Fences shall be kept in good repair.
H. 
The Public Officer may order the owner 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 became stained or soiled, or the plaster, wallboard, or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in § 396-90F of this code.
I. 
Every water closet compartment floor and bathroom floor 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.
A. 
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.
B. 
In every dwelling unit of two or more rooms, 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. Notwithstanding the foregoing, in every lodging unit every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.
C. 
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.
D. 
No room in a dwelling may be used for sleeping if the floor level of the room is lower than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room.
E. 
A room located below the level of the ground but with the floor level less than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room may be used for sleeping, provided that the walls and floor thereof in contact with the earth have been damp-proofed in accordance with a method approved by the administrative authority; and provided that the windows thereof are at least 15 feet from the nearest building or wall.
A. 
No owner or occupant shall cause any services, facilities, equipment, or utilities which are required under this code to be removed from, shut off, or discontinued in any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is authorized by the Public Officer. In the event that any service or utility, which the owner has agreed to supply, is discontinued, the owner shall take immediate steps to cause the restoration of such service or utility.
B. 
The owner of a dwelling located in an area found by the Public Officer to be infested by rats, insects, or other vermin shall carry out such rat stoppage, vermin proofing, or other means of preventing infestations of said dwellings as may be required by the Board of Health.
C. 
No owner shall occupy or let to an occupant any vacant dwelling unit or lodging unit unless it is clean and sanitary.
D. 
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.
E. 
It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in § 396-90G and H of this code, or not otherwise prohibited by municipal ordinances, shall be done in an orderly manner so as to not constitute a health, safety, or fire hazard.
F. 
Every occupant of a dwelling shall keep in a clean and sanitary condition that part of the dwelling which he occupies and controls.
G. 
Every occupant of a dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents by placing it in the garbage disposal facilities or garbage storage receptacles required by § 396-84A of this code.
H. 
Every occupant of a dwelling unit shall dispose of all his rubbish in a clean, sanitary manner by placing it in the rubbish containers required by § 396-84B of this code.
I. 
In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish the receptacles outside the dwelling unit as are needed for the storage of garbage and rubbish until removal from the premises. In lodging houses, and in dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the lodging units as are needed for the storage of garbage and rubbish until removal from the premises.
J. 
Every occupant of a dwelling unit in a dwelling containing no more than three dwelling units shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage and rubbish from the premises each week in accordance with such regulations of this municipality for the collection of garbage and rubbish.
K. 
Every occupant of a dwelling comprising a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units, extermination thereof shall be the responsibility of the owner.
L. 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
M. 
In dwellings containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
N. 
Every owner of a dwelling, who permits to be occupied any dwelling unit or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain therein a minimum inside temperature of 70º F. in all habitable rooms, bathrooms, and water closet compartments between the hours of 6:00 a.m. and 11:00 p.m. throughout the year.
O. 
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever two or more dwelling units or lodging units are heated by a common facility.
P. 
The owner shall be responsible for compliance with all provisions of this code not specified as the responsibility of occupants.
Q. 
Anyone who wishes to rent one or more rooms in a private home, furnished or otherwise, without housekeeping privileges, or what is commonly known as a "rooming house," shall secure a license to do so from this Board. The license fee shall be the sum of $10 for each room rented by the licensee. The licensee shall make accessible for inspection by the Board of Health Inspector that room or those rooms which are to be rented prior to the issuance of the license, and at any time during the period covered by the license once said license is issued.
Nothing in this code shall be constructed to abrogate or impair the powers of any department of this municipality or any agency of the State of New Jersey to enforce any provisions of its charter or its ordinances, codes, regulations or statutory provisions or to prevent or punish violations thereof.