Glen Rock City Zoning Code
ARTICLE XXI
Certificates of Occupancy
§ 230-95 Certificate required.
No building or structure hereafter erected, altered, changed in tenancy, use or ownership and no land shall be used or occupied in whole or in part until a form of certificate of occupancy shall have been issued by the Construction Official to ensure compliance with the requirements for the construction, alteration and adequate maintenance of buildings and structures as mandated by the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq., as amended), the Code of the Borough of Glen Rock and all other applicable municipal, state and federal laws and regulations in order to protect the life, health, safety and welfare of the people of the Borough of Glen Rock.
§ 230-96 Form of certificate required.
A.
Newly constructed or altered building or structure. No building or structure shall be used or occupied in whole or in part until a certificate of occupancy has been issued by the Construction Official pursuant to the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq., as amended).
B.
Existing building or structure; change of ownership, tenancy or reoccupancy.
(1)
Commercial use. Upon request of the owner or their authorized agent, the Construction Official, with the approval of the subcode officials, Fire Prevention Official, Property Maintenance Official and Zoning Official shall issue a certificate of continued occupancy pursuant to the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq., as amended), provided that there are no violations of law or orders of the Construction Official, Fire Prevention Official, Property Maintenance Official and Zoning Official pending and it is established after site inspection and investigation of available municipal records that the alleged use of the building or structure has lawfully existed. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the building or structure has been made and that no violations of N.J.A.C. 5:23-2.14, as amended (Construction Permits When Required), and N.J.A.C. 5:23-2.28, as amended (Required Inspections),[1] have been determined to exist, no conditions in violation of N.J.A.C. 5:23-2.32, as amended (Unsafe Structures), or unsafe conditions have been observed and no violations of the Fire Prevention Bureau and the ordinances of the Borough of Glen Rock have been found to exist.
[1]
Editor's Note: See N.J.A.C. 5:23-2.18, Inspections.
(2)
Residential use. Upon request of the owner or their authorized agent, the Construction Official, with the approval of the Building Inspector, Property Maintenance and Zoning Official, shall issue a residential certificate of continued occupancy, provided that there are no violations of law or orders of the Construction Official, Property Maintenance Official and Zoning Official pending and it is established after site inspection and investigation of available municipal records that the alleged use of the building or structure has lawfully existed. The certificate shall evidence only that a general inspection of the visible parts of the building or structure has been made and that no violations of N.J.A.C. 5:23-2.14, as amended (Construction Permits When Required), and N.J.A.C. 5:23-2.18, as amended (Required Inspections), have been determined to exist, no conditions in violation of N.J.A.C. 5:23-2.32, as amended (Unsafe Structures), or unsafe conditions have been observed and no violations of the Code of the Borough of Glen Rock have been found to exist.
(3)
Mixed commercial/residential use. In the case of a building or structure which contains a portion or portions of both residential and commercial use, the following shall apply:
(a)
Change of ownership. Requirements shall be applied according to the area's specific use, and the application requirements shall be as in a commercial use.
(b)
Change in tenancy or reoccupancy requirements shall be applied according to the area's specific use, and application requirements shall be the same as for the specific use.
(4)
Change in use. It shall be unlawful to make a change in use of any building or structure which would subject it to any special provision of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq., as amended) or would be in violation of the ordinances of the Borough of Glen Rock without first obtaining all required prior approvals and applying for and having been issued a certificate of occupancy in accordance with this article and any other applicable law, ordinance or regulation prior to occupancy and use.
C.
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued for a building, structure or part thereof listing conditions and a reasonable compliance period, provided that such portion or portions to be occupied prior to full compliance, provided that there is no endangerment to life, health, safety and welfare; and further provided that required utilities, including but not limited to water, sewer, electric and gas, are installed and in service and safety signaling devices are installed and operable. The owner, purchaser and tenant, where applicable, shall be jointly and severally liable and responsible for correcting all violations within the time established by the Construction Official. A binding agreement between parties and a posting of a performance bond to ensure the completion of the work pursuant to this and other applicable ordinances and laws may be required to be submitted for review and approval as a condition prior to the issuing of the certificate.
D.
Noncompliance certificate. A noncompliance certificate may be issued allowing the transfer of ownership, sale or lease of a premises, structure or property with the conditions that said premises, structure or property is not to be used or occupied until all violations as noted have been corrected and a certificate of occupancy has been issued.
§ 230-97 Application procedure.
A.
Newly constructed, altered building or structure of change of use. A written application for a certificate of continued occupancy, together with the applicable filing fee, shall be filed with the enforcing agency by the owner or their authorized agent pursuant to the requirements of the Uniform Construction Code (N.J.A.C. 5:23-1 et seq., as amended) and § 230-96B(4) of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Existing commercial building or structure. A written application for a commercial certificate of continued occupancy shall be filed with the enforcing agency a minimum of 30 days prior to a change of ownership, occupancy, tenancy or use by the owner or their authorized agent pursuant to the requirements of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq., as amended), together with the required fee as set by Borough ordinance.[1] A mixed residential and commercial use building or structure shall be subject to the requirements and application procedures specified in § 230-96B(3)(a) and (b) of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Existing residential building or structure. A written application for a residential certificate of continued occupancy shall be filed a minimum of 30 days prior to a change of ownership, occupancy, tenancy or use by the owner or their authorized agent and shall consist of a form provided by the Borough of Glen Rock and shall be submitted with the applicable filing fee as set by Borough ordinance.[2]
§ 230-98 Applications and inspection.
[Amended 2-26-1997 by Ord. No. 1285; 11-9-1998 by Ord. No. 1309]
A.
A complete application and the required fee shall be submitted to the enforcing agency a minimum of 30 days prior to a change of ownership, tenancy, occupancy or use.
B.
A residential building or structure and all dwelling units shall also comply with the following requirements prior to the issuing of a certificate of continued occupancy:
(1)
Battery-operated smoke detectors.
(a)
Battery-operated smoke detectors shall be approved and listed by a recognized agency and installed in accordance with the manufacturer's instructions at each of the following locations:
(b)
Exception: In dwelling units with split levels without an intervening door between adjacent levels, for the purposes of Subsection B(1)(a)[3] only, one smoke detector on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level.
(2)
Carbon monoxide detector. A battery-operated, hardwired or plug-in carbon monoxide detector is required to be installed, in accordance with the manufacturer's specifications or instructions, in each residential dwelling.
[Added 12-30-2002 by Ord. No. 1425]
C.
Permits and inspection required.
(1)
Unless required by a New Jersey Department of Community Affairs policy or regulation, abandoned fuel oil tanks not covered by a previously issued permit or a currently issued permit are not required to be decommissioned per the New Jersey Uniform Construction Code. The Code Enforcement Bureau may make a recommendation only to the property owner as a means to address this section.
(2)
Construction work performed after January 1, 1977, which required or requires permits, will still require permits, but if done by a previous owner, upon the current owner submitting a statement of fact to the Code Enforcement Bureau, the permit fee will be waived.
(3)
Construction work with Borough permits and construction work without permits prior to January 1, 1977, are exempt and will only be visually inspected for unsafe conditions.
(4)
Open permits which are uninspected and/or not finaled out shall require closure per the New Jersey Uniform Construction Code.
D.
Correction of any and all unsafe structures and conditions as promulgated under N.J.A.C. 5:23-2.32(a), as amended, have been completed and any violations of Borough ordinances have been abated as listed in the inspection notice for the property in question.
§ 230-99 Conditions of certificate.
The issuance of a certificate of occupancy shall be conditioned and in force based upon the following:
A.
That the building or structure meets the conditions and requirements mandated by this section and all other applicable laws, ordinances and regulations.
B.
That all required fees have been paid in full.
C.
That all inspections have been completed.
D.
That all violations have been corrected.
E.
That all protective devices, equipment and appurtenances required to be installed will continue to remain and be operational.