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:
The department, branch or agency of this municipality which
is authorized by the adopting ordinance to administer the provisions
of this code.
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.
A building or structure or part thereof containing one or
more dwelling units or lodging units.
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.
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
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.
The presence, within or around a building, of any insects,
rodents, or other pests.
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.
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.
Any person or person in actual possession of and living in
the building or dwelling unit, including the 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.
Shall be given the same meaning as defined in N.J.S.A. 1:1-2
of the Revised Statutes of New Jersey.
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.
The officer or officers who are authorized by the adopting
ordinance to exercise powers prescribed by this code.
Includes all combustible and noncombustible waste material,
except garbage.
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.
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.
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.
