Property Maintenance Codes

HOUSING AND PROPERTY MAINTENANCE

STANDARDS

26-1 LEGISLATIVE FINDINGS.

26-1.1 Findings.

a. The Borough seeks to establish minimum standards to govern the condition and maintenance of all property, buildings, and structures which are located in the Borough of Belmar.

b. The Borough adopts these regulations with the purpose and intent of promoting the health, safety, and welfare of the public in any properties, buildings, and structures not regulated by any other statute, rule, or ordinance including those properties, buildings, or structures which are occupied by more than twenty-five (25) persons which creates an over-crowding condition that is hazardous to the health, safety, and welfare of the public.

c. Certain provisions are necessary to establish enforcement of the regulations and standards governing certain properties, buildings, and structures located in the Borough of Belmar.

(Ord. No. 1994-9 § 26-1)

26-1.2 Adoption of The New Jersey State Housing Code and the BOCA National Property Maintenance Code.

a. Incorporation by Reference.

1. The Borough of Belmar in the County of Monmouth and State of New Jersey hereby adopts by incorporation the following codes:

(a) The New Jersey Housing Code; and

(b) The BOCA National Property Maintenance Code of 1993.

2. Pursuant to the provisions of N.J.S.A. 40:49-5.1, “The New Jersey State Housing Code” as approved by the Department of Health, Conservation and Economic Development and filed in the Office of the Secretary of State on January 31, 1962, and as amended and readopted by the Department of Community Affairs pursuant to the authority of N.J.S.A. 2A:42-76, and to be in compliance with N.J.A.C. 5:28-1 et seq. and N.J.A.C. 8:51, and The BOCA National Property Maintenance Code, Fourth Edition, 1993 as published by the Building Officials and Code Administrators International, Inc. are hereby accepted, adopted, established and each and all of the regulations, provisions, penalties, conditions, and terms of the same are hereby referred to, adopted, and made part hereof, as if fully set out in this section with the additions, insertions, deletions, and changes, if any, prescribed in subsection 26-1.5, in and for the Borough of Belmar in the County of Monmouth and State of New Jersey, as the standards governing supplied utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation or occupancy or use and governing the condition of dwellings. The “New Jersey State Housing Code” and “The BOCA National Property Maintenance Code, Fourth Edition, 1993″ are incorporated as if fully set forth at length herein, and three (3) copies of the same have been placed on file in the office of the Clerk of the Borough of Belmar in the County of Monmouth and State of New Jersey and shall remain on file for the use and examination by the public.

(Ord. No. 1994-9 § 26-1.2)

26-1.3 Title.

This Chapter 26, together with the New Jersey State Housing Code and The BOCA National Property Maintenance Code of 1993 shall be known as the Housing and Property Maintenance Code of the Borough of Belmar, in the County of Monmouth and the State of New Jersey and shall be hereinafter referred to as the Code. (Ord. No. 1994-9 § 26-1.3)

26-1.4 Applications of Code.

This Code shall govern all buildings and structures which are specifically provided for in the New Jersey State Housing Code, any unfit buildings as described under N.J.S.A. 40:48-1 et seq., and any other powers given to the Borough of Belmar through either State and/or Federal legislation. (Ord. No. 1994-9 § 26-1.4)

26-1.5 Authority.

The Code Official, or his/her authorized agent, and the Borough of Belmar or any officer or department which shall hereinafter be referred to as Code Official, shall have the authority to exercise the powers which are necessary to carry out and effectuate the provisions under the Code. The powers conferred in the Code shall be in addition and supplemental to the powers conferred upon the Borough of Belmar by any other law or ordinance. (Ord. No. 1994-9 § 26-1.5)

26-1.6 Additions, Insertions, Deletions and Other Changes.

Each chapter of The BOCA National Property Maintenance Code of 1993 is hereby amended and revised in accordance with the following:

CHAPTER 1 ADMINISTRATION

PM-101.1 is hereby amended to read:

PM-101.1 Title: These regulations shall be known as Housing and Property Maintenance (hereinafter referred to as the “Code”)

PM-101.7 is hereby deleted in its entirety.

PM-106.2 is hereby deleted in its entirety.

PM-106.2 is herby amended to read:

PM-109.5 Costs of Emergency Repairs: Costs incurred in the performance of emergency work shall be paid from the Treasury of jurisdiction on certificate of the code official. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. The costs thereof may also be charged against the real estate upon which the structure or premises is located and shall be a lien upon such real estate.

PM-109.6 “Hearing” is hereby deleted in its entirety.

PM-111.0 et seq. “Means of Appeal” is hereby deleted in its entirety.

CHAPTER 2 DEFINITIONS.

PM-201.3 is hereby amended to read:

PM-201.3 Terms defined in other codes: Where terms are not defined in this Code and are defined in other codes or ordinances, or where there exists a conflict between any definitions provided herein and definitions in other codes or ordinances, such terms shall be the meanings ascribed to them in those codes or ordinances.

The following definitions provided under PM-202 Dwellings are hereby amended to read:

Rooming House shall be deleted and amended to read:

Rooming and Boarding houses: Buildings arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or a two-family dwelling.

Rooming Unit shall be deleted and amended to read:

Rooming and Boarding Unit: Any room or groups of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not cooking purposes.

Family: One or more related or unrelated persons occupying a dwelling unit living as a single bona-fide housekeeping unit, excluding however, any society, club, fraternity, sorority, association lodge, organization, or a similar group. The number of persons living as a bona-fide housekeeping unit shall not exceed the number that any dwelling unit may accommodate under this Code, in the interest of the safety, health and welfare of the public.

PM-202.0 The definition of “Structure” is hereby amended to read:

Structure: That which is built or constructed or a portion thereof. That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, (including banners and pennants), billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected or framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.

SECTION PM-302.0 DEFINITIONS

PM-302.1 The definition of “Public nuisance” is hereby amended to also include:

9. The physical condition, including the exterior property areas as well as exterior and interior structure, or use of any premises regarded as a public nuisance at, common law or for which an order of abatement may issue pursuant to N.J.S.A. 40:48-2.3 et seq.

10. Any commercial premises wherein loose stone, gravel, wood chips or similar materials are used as landscaping materials abutting sidewalks, streets, parking lots or driveways.

SECTION PM-303.0 EXTERIOR PROPERTY AREAS

PM-303.1 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.

PM-303.2 Grading and drainage: All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

PM-303.3 Sidewalk and driveways: All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sections PM-304.10 and PM-702.9.

PM-303.4 is hereby amended to read:

PM-303.4 Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annuals plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. All brush, hedges and other plant or flower life growing within ten (10′) feet of any roadway and within twenty-five (25′) feet of the intersection of two (2) roadways shall be cut to height of not more than two and one-half (2 1/2′) feet where it shall be necessary and expedient for the preservation of public safety.

PM-303.5 Rat harborage: All structures and exterior property shall be kept free from rat infestation. Where rats 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 prevent reinfestation.

PM-303.6 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.

PM-303.7 Accessory structures: All accessory structures, including detached garages, fences and wall, shall be maintained structurally sound and in good repair.

PM-303.8 Motor vehicles: Except as provided for in other regulations, not more than one (1) currently unregistered or uninspected 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.

SECTION PM-304.0 EXTERIOR STRUCTURE

PM-304.1 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.

PM-304.2 Street numbers: Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least 3 inches (76mm) high and 1/2-inch (13mm) stroke.

PM-304.3 Structural members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

PM-304.4 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 rats.

PM-304.5 Exterior walls: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

PM-304.6 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 water shall not be discharged in a manner that creates a public nuisance.

PM-304.7 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.

PM-304.8 Overhang extensions: All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and 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.

PM-304.9 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.

PM-304.10 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.

PM-304.11 Window and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather tight.

PM-304.11 is hereby amended to read:

PM-304.11.1 Glazing: All glazing materials shall be maintained free from cracks and holes; provided further that no glazing material shall be boarded over, without approval of the Borough Construction Official; except immediately following a fire or other disaster, and in the event of a fire, hurricane or other disaster, the boarding of glazing materials shall be removed in a reasonable time thereafter as determined by the property owner in consultation with the Borough Construction Official.

PM-304.11.2 Openable windows: Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

PM-304.12 Insect Screens: During the periof from (date) to (date), every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing 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 and every swinging door shall have a self closing device in good working condition.
Exception: Screen doors shall not be required for out swinging doors or other types of openings which make screening impractical, provided other approved means, such as air curtains or insect repellent fans are employed.

PM-304.13 Doors: All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door.

PM-304.14 Basement hatchways: Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water.

PM-304.15 Guards for basement windows: Every basement window that is openable shall be supplied with ratproof shields, storm windows or other approved protection against the entry of rats.

SECTION PM-305.0 INTERIOR STRUCTURE

PM-305.1 General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two (2) or more dwelling units or two (2) or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

PM-305.2 Structural members: The supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.

PM-305.3 Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

PM-305.4 Lead-based paint: Interior and exterior painted surfaces of dwellings and child and day care facilities, including fences and outbuildings, which contain in excess of 0.06 percent lead by weight shall be removed or covered in an approved manner. Any surface to be covered shall first be marked with warnings as to the lead content of such surface.

PM-305.5 Stairs and railings: All interior stairs and railings shall be maintained in sound condition and good repair.

PM-305.6 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.

SECTION PM-306.0 RUBBISH AND GARBAGE

PM-306.1 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.

PM-306.2 Disposal of rubbish: Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

PM-306.2.1 Rubbish storage facilities: is hereby deleted.

PM-306.3 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.

PM-306.3.1 Garbage facilities: is hereby deleted.

New PM-306.3.1 Containers: The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, leakproof approved containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

SECTION PM-307.0 EXTERMINATION

PM-307.1 Infestation: All structures shall be kept free from insect and rat infestation. All structures in which insects or rats 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.

PM-307.2 Owner: The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

PM-307.3 Single occupancy: The occupant of a structure containing a single dwelling unit or of a single nonresidential structure shall be responsible for extermination on the premises.

PM-307.4 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 occupants shall be responsible for extermination.

PM-307.5 Occupant: The occupant of any structure shall be responsible for the continued ratproof condition of the structure, and if the occupant fails to maintain the ratproof condition, the cost of extermination shall be the responsibility of the occupant.

CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS.

SECTION PM-401.0 GENERAL

PM-401.1 Scope: The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for the occupancy of a structure.

PM-401.2 Responsibility: The owner of the structure shall provide and maintain light, ventilation and space conditions 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.

PM-401.3 Alternative devices: In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with any other codes or ordinances adopted by the Borough of Belmar shall be permitted.

SECTION PM-402.0 DEFINITIONS

PM-402.1 General: The following words and terms shall for the purposes of this chapter and as stated elsewhere in this code, have the meanings shown herein.

Habitable space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

Openable area: That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

SECTION PM-403.0 LIGHT

PM-403.1 Habitable spaces: Every habitable space shall have at least one (1) window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space shall be eight (8%) percent of the floor area of such room, except in kitchens where artificial light is provided in accordance with the provisions of the building code adopted by the Borough of Belmar. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3′) feet nine hundred fourteen (914) millimeters from the window and extend to a level about that of the ceiling of the rooms, 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.

PM-403.2 Common halls and stairways: Every common hall and stairway, other than in one-and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb or equivalent for each 200 square feet (19m2) of floor area, provided that the spacing between lights shall not be greater than 30 feet (9144mm). Every exterior stairway shall be illuminated with a minimum of 1 footcandle (11 lux) at floors, landings and treads.

PM-403.3 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.

SECTION PM-404.0 VENTILATION

PM-404.1 Habitable spaces: Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section PM-403.1

PM-404.2 Bathrooms and toilet rooms: Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section PM-404.1, except that a window shall not be required in spaces equipped with a mechanical ventilation system that complies with the following:

1. Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted to the exterior and shall not be recirculated to any space, including the space from which such area is withdrawn.

2. Air exhausted by a mechanical ventilation system from all other bathroom or toilet rooms shall be exhausted to the exterior without recirculation to any space, or not more than 85 percent of the exhaust air shall be recirculated where the system is provided with effective absorption and filtering equipment.

PM-404.3 Cooking facilities: Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit.

PM-404.4 Process ventilation: Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.

PM-404.5 Clothes dryer exhaust: Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer’s instructions.

SECTION PM-405.0 OCCUPANCY LIMITATIONS

PM-405.1 Privacy: Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

PM-405.2 Access from sleeping rooms: Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces.

PM-405.3 Area for sleeping purposes: Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (7m2) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (5m2) of floor area for each occupant thereof.

PM-405.4 Water closet accessibility: Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.

PM-405.5 Overcrowding: Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements of Table PM-405.5.

Table PM-405.5

MINIMUM OCCUPANCY AREA REQUIREMENTS

Minimum occupancy area in square feet/b

Note a: See Section PM-405.6 for combined living room/dining room spaces.

Note b: 1 square foot = 0.093m2 power

PM-405.6 Combined spaces: Combined living room and dining room spaces shall comply with the requirements of Table PM-405.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

PM-405.7 Prohibited occupancy: Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.

PM-405.8 Minimum ceiling heights: Habitable spaces, other than kitchens, shall have a clear ceiling height of not less than 7 feet 4 inches (235 mm). Hallways, corridors, laundry areas, bathrooms, toilet rooms and kitchens shall have a clear ceiling height of not less than 7 feet (2134 mm).

Exceptions

1. Beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height, provided that the minimum clear height is not less than 6 feet 8 inches (2033 mm).

2. Dropped or furred ceilings over not more than one-half of the minimum floor area required by this code, provided that no part of such dropped or furred ceiling is less than 7 feet (2134 mm) in height.

3. 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 7 feet (2134 mm) over not less than one-third 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 5 feet (1524 mm) or more shall be included.

4. Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.

PM-405.9 Minimum room widths: A habitable room, other than a kitchen, shall not be less than 7 feet (2133 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls.

PM-405.10 Food preparation: All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

SECTION PM-501.0 GENERAL

PM-501.1 Scope: The provisions of this chapter shall govern the minimum plumbing facilities and plumbing fixtures to be provided.

PM-501.2 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.

SECTION PM-502.0 DEFINITIONS

PM-502.1 Plumbing: The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code or ordinances adopted by the Borough of Belmar.

CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS.

SECTION PM-601.0 GENERAL

PM-601.1 Scope: The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.

PM-601.2 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 requirement of this chapter.

SECTION PM-602.0 HEATING FACILITIES

PM-602.1 Facilities required. Heating facilities shall be provided in structures as required by this section.

PM-602.2 Residential buildings: Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of sixty-five (65) degrees F. (18 degrees C.) in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the mechanical code or ordinance adopted by the Borough of Belmar.

PM-602.2.1 Heat supply: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period for September to May to maintain the room temperatures specified in Section PM-602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees F. (16 degrees C.) during other hours.

PM-602.2.2 Room temperature exception: When the outdoor temperature is below the outdoor design temperature required for the locality by the mechanical code adopted by the Borough of Belmar, the owner or operator shall not be required to maintain the minimum room temperature, provided that the heating system is operating at full capacity, with supply valves and dampers in full open position.

PM-602.3 Nonresidential structures: Every enclosed occupied work space shall be supplied with sufficient heat during the period from September to May to maintain a temperature of not less than 65 F. (18 degrees C.) during all working hours.

PM-602.4 Room temperature measurement: The required room temperatures shall be measured at a point 3 feet (914 mm) above the floor and 3 feet (914 mm) from the exterior walls.

SECTION PM-603.0 MECHANICAL EQUIPMENT

PM-603.1 Mechanical equipment: All mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

PM-603.2 Cooking and heating equipment: All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.

PM-603.3 Flue: All fuel-burning equipment appliances shall be connected to an approved chimney or vent.

PM-603.4 Clearances: All required clearances to combustible materials shall be maintained.

PM-603.5 Safety controls: All safety controls for fuel-burning equipment shall be maintained in effective operation.

PM-603.6 Combustion air: A supply of air for complete combustion of fuel and for ventilation of the space shall be provided for the fuel-burning equipment.

PM-603.7 Energy conservation devices. Devices purporting 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.

SECTION PM-604.0 ELECTRICAL FACILITIES

PM-604.1 Facilities: Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section PM-605.0.

PM-604.2 Service: The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with any codes and ordinances adopted by the Borough of Belmar. Every dwelling shall be served by a main service that is not less than sixty (60) amperes, three (3) wires.

PM-604.3 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 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.

SECTION PM-605.0 ELECTRICAL EQUIPMENT

PM-605.1 Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

PM-605.2 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. Every bathroom shall contain at least one receptacle.

PM-605.3 Lighting fixtures: Every public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture.

SECTION PM-606.0 ELEVATORS, ESCALATORS AND DUMBWAITERS

PM-606.1 General: Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards.

PM-606.2 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.

CHAPTER 7 FIRE SAFETY REQUIREMENTS is hereby deleted in its entirety.

CHAPTER 8 REFERENCED STANDARDS is hereby deleted in its entirety.

(Ord. No. 1994-9 § 26-1.6; Ord. No. 1995-11 § 1; Ord. No. 2001-01 § I.B; Ord. No. 2001-02)

26-1.7 Inconsistent Ordinances Repealed.

All ordinances and parts of ordinances which are inconsistent are hereby repealed. (Ord. No. 1994-9 § 26-1.7)

26-1.8 Additional Insertions, Deletions, and Other Changes.

Each Chapter of the New Jersey Housing Code is hereby amended and revised in accordance with the following:

a. Section 5:28-1.2 Definitions.

Lodging house shall be deleted and amended to read:

Rooming and Boarding House shall mean any building, or that part of any building containing one (1) or more rooming or boarding units, each of which is rented by one (1) or more persons not related to the owner.

Lodging Unit shall be deleted and amended to read:

Rooming and Boarding Unit shall mean 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.

b. Section 5:28-1.10(b) of the New Jersey State Housing Code, shall be amended to read as follows:

(b) Every inside and outside stairway, every porch, balcony, deck and roof and every appurtenance thereto shall be so constructed as to be safe to use, to comply with the minimum occupancy area requirements as described under Section 5:28-1.11(e), [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 (3) or more steps shall be properly banistered and safely balustraded.

c. Section 5:28-1.10(c) of the New Jersey State Housing Code, shall be amended to read as follows:

(c) Every porch, balcony, deck and roof, and/or similar place higher than thirty (30″) inches above the ground, used for egress or for use by occupants shall be provided with adequate railings or parapets and shall comply with Section 5:28-1.11(e). Such protective railings or parapets shall be properly balustrated and be not less than three (3′) feet in height.

d. Section 5:28-1.11 shall be amended to include a new paragraph which shall be referred to as Section 5:28-1.11(e):

(e) Any porch, balcony, deck or roof which is higher than thirty (30″) inches above the ground and which is used for egress or for use by occupants shall provide a minimum of seven (7) square feet for each occupant and allow at least thirty (30) pounds per square foot per occupant.

e. Section 5:28-1.12 shall be amended to include a new paragraph which shall be referred to as Section 5:28-1.12(q):

(q) Every Owner and Occupant of any dwelling unit shall be responsible for assuring that the occupancy of any balcony, porch, deck or roof does not exceed the limit set forth in Section 5:28-1.11(e). The permitted occupancy limit for any porch, balcony, deck or roof shall be set forth on the certificate of occupancy of any building or structure and shall also appear on any license or certificate issued for any building or structure at any time in accordance with the provisions of Chapter XXVI (Housing and Property Maintenance) of the Revised General Ordinances of the Borough of Belmar. The enforcement provisions of said section shall apply to any violation herein.

(Ord. No. 1994-9 § 26-1.8; Ord. No. 1994-30 § 1)