§ 12-2. HOUSING CODE.
12-2.1 Adoption by Reference. There is hereby enacted and adopted by the Borough for the purpose of prescribing rules and regulations governing the construction, reconstruction, repair of buildings, fire prevention, health and sanitary standards, and further the installation, maintenance, repair and control of the plumbing, ventilation and drainage of certain buildings, Sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of the Housing Code of the Borough of Sayreville, of which sections of which Code, not less than three (3) copies have been filed in the office of the Borough Clerk and are hereby adopted and incorporated as fully as if set out at length herein pursuant to Statute.
(Ord. #1038)
12-2.2 Amendments to the Code.
"7. REGULATIONS AND LICENSING OF BOARDING HOUSES, ROOMING HOUSES AND PROVISIONS GOVERNING LICENSING.
7:1. License required.
No person, firm or corporation shall manage, conduct or operate the business of keeping a rooming house, boarding house or nursing home referred to hereinafter as "establishments subject to licensing" without first securing a license therefore within the time and manner herein provided nor shall any owner permit on premises owned by him the operation of such an establishment without a license.
7:2. Application for license.
The application for a license as required herein shall be made in quadruplicate to the Public Officer on forms prescribed by the Public Officer, which forms shall require information concerning occupancy standards including the number of rooms to be used for sleeping, the maximum number of persons which each room the establishment itself can accommodate, the location of all such rooms, types and location of bathrooms exits and all facilities, and names and addresses of all persons who will actually be in charge of the management or conduct of the establishment and where such establishment's equipped to accommodate persons who are disabled or persons who require special care, and such further data as may be required for the enforcement of this code. All applications shall be accompanied by the required fees. Where the applicant seeks a license for an establishment based on a claim that the same constitutes a lawful non-conforming use, the applicant shall state in the application the name and address of the owner and operator of the premises as of the date when the use by reason of the zone change or variance, first became non-conforming, and the number of rooms and number of roomers as of that date. The application shall be signed by the owner as well as the operator and shall contain a certification of the truth of the information contained therein by both owner and operator. Any false information shall constitute a violation of this code and in addition, grounds for revocation of any license approved pursuant thereto. Any false information rendered knowingly and intentionally may, upon complaint to the Public Officer, subject the party rendering it to criminal prosecution.
7:3 Term and renewal of application.
Except as otherwise provided herein, the term of the license shall be for one year from Jan. 1 to December 31 of the next succeeding year and is renewable annually.
7:4 License fee.
The license fee shall be due and payable as of February 1st of each year. Where licenses are issued after July 1st, the licensee shall pay one-half of the license fee. The license fee as of January 1, 1971 and thereafter shall be:
Per Year Per Unit Rooming Houses $10.00 Boarding Houses $10.00 Nursing Homes $10.00 7:5. Procedure upon filing of application.
Upon filing of an application, the Public Officer shall transmit one copy to the Building Inspector, one copy to the Fire Chief and one copy to the Health Officer. The original shall be kept on file at all times in the Public Officers office. Inspection of the premises for compliance with the code, other ordinances of the Borough of Sayreville or laws of the State of New Jersey, shall be conducted in accordance with the regulations of the Public Officer. Upon completion of inspections, if the Public Officer shall determine and certify that the premises are in compliance then the license shall be issued forthwith provided, however, if action of the Board of Adjustment is required under the Zoning Ordinance, no license shall be issued except in accordance with the provisions of the Zoning Ordinance.
7:6. Right to refuse license or renewal therefor, or suspend or revoke license of unfit operator.
Notwithstanding the provisions of 7:5, the Public Officer may refuse to certify the said application for a license where the operator or any person or persons who shall be in active management of the premises shall be unfit to perform the duties thereof by reason of a record of conviction of a crime or offense involving moral turpitude, gambling or prostitution, alcoholism, illegal possession or use of drugs, or narcotics, be a known carrier of a communicable disease, or otherwise physically or mentally unfit or unsuited by similar or equivalent circumstances for active management of the premises.
7:7. Right of applicant to hearing.
If the Public Officer shall determine that the applicant has failed to meet the requirements of this code, the requirements of the Health Department, the Building Inspector and the Fire Department or of any other ordinance of the Borough of Sayreville or laws of the State of New Jersey or that the applicant is unqualified pursuant to 7:6 or upon any suspension, revocation, or failure to renew license, the Public Officer shall send a written notice to the applicant setting forth his reasons therefor. The applicant may thereupon correct any violation and apply for reinspection upon the payment of $10.00 as a reinspection fee or submit a written request for a hearing to the Public Officer in which request the applicant shall state the facts on which he will base his contention that the Public Officer's determination was in error. The Public Officer shall, within thirty days from the receipt thereof provide a minimum of five days notice to the applicant a hearing and render a decision thereon within ten days thereafter. Where the violation is of a regulation of the Health Department, the hearing shall be before the Health Officer. The Public Officer (or where applicable, the Health Officer) may in such decision affirm or reverse his previous determination or modify his determination and agree to approve the said application or terminate the suspension or revocation upon compliance with specified conditions.
7:8. Violations of the code, penalties and suspension or revocation of license.
Under determining that the premises are in violation of this code, regulations of the Health Department Building Department and Fire Department or any ordinances of the Borough of Sayreville or the laws of the State of New Jersey, at any time after a license is issued, the Public Officer shall require correction of said violation within ten (10) days by notice in writing to the owner and operator. Upon failure to correct the violation within the time prescribed, the owner and operator shall be liable for the penalties for violations of this code prescribed under 9. In addition thereto, the Public Officer may suspend temporarily or conditionally refuse to renew the license issued for the premises for failure to correct the violations as aforesaid, provided, however, that if the owner or operator requests a hearing no such suspension shall be effective until after a hearing and determination pursuant to 7:7 which determination shall state reasonable terms and conditions upon which the suspension shall terminate or renewal shall be granted. Where there has been a violation or conviction within one year from the date of service of the notice of violation and the violation shall be repeated or remain unabated resulting in a second notice of violation or conviction thereon in the Municipal Court, the Public Officer may thereafter permanently revoke the license or refuse renewal thereof without conditions or terms. Where the provision which has been violated is within the province of the Health Department, the Health Officer shall be substituted for the Public Officer hereunder.
7:9. Change in license application.
Any license issued hereunder shall cover only the number of occupants and that part of the premises described in the application therefor. Any increase in rooming units or in the number of roomers to be accommodated or of the part of premises utilized as a rooming house or other structural changes affecting the date contained in the application or change in the person or persons actually in charge of operating or maintaining the premises, shall require the submission and filing of an amended application containing the additional information as required by the Public Officer.
7:10. License non-transferable.
The license issued hereunder shall be non-transferable and no person other than the licensee shall operate or be permitted by the owner to operate the licensed premises. Where there is to be a change of ownership or operation, application shall be made for a new license.
7:11. No refunds of license fees.
The applicant shall not be entitled to any refunds of any fees paid hereunder by reason of the rejection of any application, the suspension or revocation of any license or transfer of ownership or operation of premises prior to the termination of the license period.
7:12. Posting of license.
The licensee shall display the license in vestibule, front hallway or other prominent and public place at or near the front entrance of the building during the entire period for which the license was issued.
7:13. Effect of licensing on other laws.
The issuance of a license shall constitute a certification that the premises as of the date of issuance comply with the housing code but shall not be construed to constitute a certification that the premises comply with any other Borough ordinance nor any State law nor shall it relieve any other official or public agency from enforcing any applicable ordinance or law.
Provisions governing Rooming Houses; Boarding Houses and Nursing Homes.
7:14. Register book required.
False registration prohibited. All such establishments subject to licensing shall keep a register in which there shall be set forth in ink the name and last permanent address and signatures of each occupant, the number of the room to be occupied by each occupant, and the name and address of any person or persons to be notified in case of emergency. Said register shall be available at all times to the authorized representative of the Public Officer, Police Chief and Fire Chief of the Borough. Registration in a false name is prohibited. Beside each registration a notation shall be made to indicate which occupant is a disabled person or persons requiring special care.
7:15. Occupancy limitations.
7:15-1. Rooming houses and boarding houses.
Occupancy by disabled persons or by persons requiring special care in Rooming House and Boarding Houses is hereby prohibited.
7:15-2. Right of Public Officer or Health Officer to ascertain physical or mental limitations of occupants.
Where the Public Officer or the Health Officer has reason to believe that an occupant of an establishment subject to licensing either requires special care or is disabled, the Officer may require that the person produce within forty-eight hours a physician's certificate attesting so the mental or physical condition of said person as it relates to the category in which the occupant is classified, and if the Officer shall determine that the person requires special care and is thereby prohibited from residing in a Rooming House or Boarding House or is disabled, then the said person shall vacate the premises and relocate in a suitable and appropriate establishment no later than five days after the issuance of an order directed to the owner or operator and the occupant therefor and if the condition of the person or circumstances under which he or she resides requires immediate attention, the order shall so specify and a period of less than five days may be prescribed therefor.
7:15-3. Occupancy of unemancipated minors prohibited.
The occupancy of any rooming unit in an establishment subject to licensing by an unemancipated minor is hereby prohibited and the operator and occupant of the premises in which such occupancy occurs shall be liable hereunder.
7:15-4. Overcrowding prohibited.
Occupancy in excess of the maximum occupancy permitted under 5:9 or the occupancy data set forth in the application under 7:2 is prohibited.
7:16. Sanitary conditions and general maintenance of establishment subject to licensing.
7:16-1. Bathroom and water closet facilities required.
Bathroom and water closet facilities shall be provided for occupants pursuant to 5:8-7 except as hereinafter provided for nursing homes in 7:23-1. All bathrooms shall be provided with inside locks.
7:16-2. Bedding, bed linen, towels and soap required.
Every operator shall provide for all occupants bedding, mattresses, mattress covers, bed linens, blankets, pillows, towels and soap. All such items shall be kept at all times in a clean and sanitary condition. Fresh, clean bed linens and towels shall be supplied for each new occupant at the commencement of the term of occupancy and fresh, clean bed linens and towels shall be supplied at least once a week.
Unless laundry service is provided for all occupants, a laundry tub or washing machine shall be accessible to and available for use by all occupants.
7:16-3. Furniture and furnishings.
All furniture and furnishings shall be maintained in safe and sound condition, in good repair and upholstery and coverings shall be kept clean and free from rips and tears. Windows shall be provided where necessary with blinds, draw drapes, curtains or shades to provide occupants with privacy.
7:16-4. Person in charge of the premises.
There shall be present and in charge of every establishment subject to licensing, a person who is mentally and physically competent to maintain the same in safe and sanitary condition, who shall keep the exterior of the premises and all common interior areas, including, but not limited to, the landings, stairways, hallways and bathrooms, clean, free from garbage and other refuse, and free of infestation and who shall attend to the daily removal of garbage as required under 5:7-14.
7:17. Provisions governing safety and fire prevention.
7:17-1. Fire alarm system.
Every establishment subject to licensing and having more than five (5) rooms for rent shall be provided with a fire alarm system or device approved by the Underwriters Laboratory, Inc., or by such other laboratories qualified and equipped for the testing of fire protection equipment or materials as approved by the Public Officer and the Fire Chief. The system or device required hereunder shall be maintained in good working order at all times. The alarm shall be provided with a heat-operated device which will automatically set off the fire alarm system and shall be operated by electrical or by self-contained automatic means. Alarm sounding devices provided shall be distinctive in pitch, shall be of such quality and so distributed on every floor that they shall be effectively heard in case of fire in every room above the usual sound level. Periodic testing shall be required in accordance with regulations of the Public Officer approved by the Fire Chief.
7:17-2. Directional signs.
Every licensed establishment shall have exit signs posted in common hallways visible from the door of every room unit, which sign shall indicate the direction of and location of the nearest means of egress. All such signs shall be of a size and color and illuminated in accordance with the regulations of the Public Officer, which regulations are to be approved by the Fire Chief.
7:17-3. Stairway doors to be self-closing.
Wherever there are doors or framework for doors which would close off sections of the stairway from common hallways, areaways, or other parts of the stairway, such doors shall be equipped with self-closing devices, or such framework shall be equipped with doors having self-closing devices.
7:17-4. Storage of combustible materials.
Storage of combustible materials and temporarily used or unused household furnishings, bedding, mattresses and similar articles shall only be permitted in enclosed fireproof compartments.
7:17-5. Disposal of combustible materials.
All combustible materials shall be disposed of in self-closing metal cans which shall be provided where needed on the premises for that purpose.
7:18. Cooking facilities.
7:18-1. Incidental cooking prohibited.
Incidental cooking in Rooming Houses and Boarding Houses is prohibited.
7:18-2. Community cooking permitted.
Community cooking is permitted in boarding houses and rooming houses.
7:19. Night lights.
Night lights shall be provided in all common areaways leading to bathrooms as well as in hallways in compliance with 5:8-28.
7:20. Central heating.
There shall be central heating in all establishments subject to licensing which shall supply adequate heat as required under 5:8-8 to all occupied rooming units and to all bathrooms.
7:21. Service of food.
Where food is served in any establishment subject to licensing, the license therefor and the maintenance of the establishment, pursuant to the license, shall be subject to the regulations and requirements of the Sanitary Code and shall be supervised by the Health Officer, as well as this Code. The Public Officer is authorized to enforce any violation determined by the Health Officer to be a violation of this Code after a notice and hearing in accordance with the provisions of 8:5.
7:22. Special requirements with respect to boarding houses and rooming houses.
7:22-1. Fire extinguishers.
Portable fire extinguishers of adequate type and size as prescribed by regulations shall be provided and hung in a conspicuous location in each hallway or common areaway and where the length of same exceeds fifty (50′) feet, there shall be a fire extinguisher for each fifty (50′) feet or fraction thereof located at least fifty (50′) feet apart. There shall be fire extinguishers provided in the kitchen and also in the basement or cellar which shall be located within twenty-five (25′) feet of any furnace or heating apparatus therein. All fire extinguishers shall be inspected annually and shall further be subject to test every five (5) years for hydrostatic pressure to determine the capability of the extinguishers to withstand with safety the pressure generated during operation.
7:22-2. Evacuation instructions required.
The operator, pursuant to regulations and supervision of the Fire Chief, shall be responsible for instructions to all occupants and employees as to procedure to be followed for fire safety and for orderly emergency evacuation.
7:22-3. Additional exit requirements.
In addition to the requirements of 5:10-5 through 5:10-11, exit stairways utilized as fire escapes on the exterior of the building shall extend all the way to the ground.
7:23. Nursing homes.
7:23-1. Special regulations.
Nursing homes shall comply with all the special requirements applicable to boarding houses and rooming houses in 7:22.
7:23-2. Fireproof construction.
All nursing homes shall be of fireproof construction.
7:23-3. Violations.
All nursing homes shall comply with State Law and any violation of such laws or regulations thereunder shall constitute a violation of this Code.
(Ord. #1038; Ord. #1046, § 1)