TOWNHSIP OF MAPLE SHADE ORDINANCE 2025-18

TOWNHSIP OF MAPLE SHADE ORDINANCE 2025-18 AN ORDINANCE AMENDING THE TOWNSHIP CODE TO ADD CHAPTER 155 "HOUSING CODE" WHEREAS, the Director of Community Development has performed an examination of the Township code relating to "Housing"; and WHEREAS, the Township Council, upon the request and recommendation of the Director of Community Development, hereby amends the Township Code to add Chapter 155 to be entitled the "Housing Code." NOW, THREFORE, BE IT ORDAINED, by the Township Council of the Township of Maple Shade, County of Burlington, and State of New Jersey that the Township Code is hereby amended and supplemented to add Chapter 155 "Housing Code", as follows: Chapter 155. Housing Code Part 1. General Provisions Article I. Adoption and Enforcement § 155-1. Certificate of Inspection / Certificate of Continued Occupancy. No person, shall occupy or allow to be occupied, any dwelling unit or non-residential unit prior to the issuance of a Certificate of Inspection / Certificate of Continued Occupancy until an inspection has been completed as provided for in this chapter. No property shall be transferred, sold, rented or conveyed to another occupant without an application having been first made for an inspection to determine conformance with the standards provided for in this chapter and the issuance of Certificate of Inspection / Certificate of Continued Occupancy. In order to protect the public health, safety and general welfare, the owner of any premises or that owner's agent shall obtain a Certificate of Inspection / Certificate of Continued Occupancy from the Housing Inspector or Code Enforcement Official upon prior to the occurrence of any one of the following events: Prior to any sale, transfer, or conveyance of title, whether individual or business entity. Prior to the transfer of title, whether by purchase or other transfer, of any improved property from one individual or business entity to another individual or business entity. Prior to any Commercial sale or occupancy whether rental, lease, or new ownership. A Certificate of Inspection / Certificate of Continued Occupancy is valid unless and until either of the occurrences set forth in Subsection A have occurred. A Certificate of Inspection / Certificate of Continued Occupancy is not transferable to another person, whether individual or commercial entity, except, however, a transfer or sale between husband and wife or between family members A Certificate of Inspection / Certificate of Continued shall be issued by the Housing Inspector or Code Enforcement Officer upon compliance by the owner with the applicable provisions of the Code and any rules and regulations adopted pursuant thereto. The Certificate of Inspection / Certificate of Continued that shall be supplied by the owner or owner's agent shall include the following:The address of the property;The name, address and phone number of the owner; andThe name and age of the person(s) occupying the property. In the case of residential property, the owner or owner's agent shall pay the following fees to the Township for any inspection that may be required, and performed by the Housing Inspector or Code Enforcement Officer, until the property qualifies for the issuance of a Certificate of Inspection / Certificate of Continued Occupancy by complying with the applicable provisions of the Code $125 for the initial inspection and first re-inspection, if needed; and$65 for each subsequent inspection. In the case of commercial property, the owner or owner's agent shall pay the following fees to the Housing Inspector or Code Enforcement Officer for any inspection that may be required until the premises qualifies for the issuance of a Certificate of Inspection / Certificate of Continued Occupancy by complying with the applicable provisions of the Code. 1. Commercial Certificate of Inspection / Certificate of Continued Occupancy Type Fee Assembly Use Groups: 0 to 4,000 square feet $125.00 4,001 to 8,000 square feet $150.00 8,001 to 12,000 square feet $200.00 For each additional 10,000 square feet or part thereof $100.00 Outdoor Use $ 50.00 Business Use Groups: 0 to 4,000 square feet $100.00 4,001 to 8000 square feet $125.00 8,001 to 12,000 square feet $150.00 12,001 to 20,000 square feet $200.00 For each additional 10,000 square feet or part thereof $100.00 Mercantile Use Groups: 0 to 4,000 square feet $100.00 4,001 to 8000 square feet $125.00 8,001 to 12,000 square feet $150.00 12,001 to 20,000 square feet $200.00 For each additional 10,000 square feet or part thereof $100.00 Low Hazard Factory and Industrial Occupancies: 0 to 4,000 square feet $100.00 4,001 to 8,000 square feet $125.00 8,001 to 12,000 square feet $150.00 For each additional 10,000 square feet or part thereof $100.00 Type Fee Moderate Hazard Factory and Industrial Occupancies: 0 to 4,000 square feet $125.00 4,001 to 8,000 square feet $150.00 8,001 to 12,000 square feet $200.00 For each additional 10,000 square feet or part thereof $125.00 High Hazard Use Groups: 0 to 4,000 square feet $150.00 4,001 to 8,000 square feet $175.00 8,001 to 12,000 square feet $250.00 For each additional 10,000 square feet or part thereof $150.00 Storage Use Groups: 0 to 4,000 square feet $100.00 4,001 to 8,000 square feet $125.00 8,001 to 12,000 square feet $150.00 For each additional 10,000 square feet or part thereof $100.00 Utility and Miscellaneous Use Groups: 0 to 4,000 square feet $100.00 4,001 to 8,000 square feet $125.00 8,001 to 12,000 square feet $150.00 For each additional 10,000 square feet or part thereof $100.00 Place of Education: $150.00 Each floor shall be calculated as separate areas of total building calculation. Any additional inspection after reinspection shall be subject to a 75% charge of the initial fee based on the fee schedule. Violations of the initial inspection report shall be abated and reinspected within 90 days of the issuance of the initial inspection report. If the violations are not abated within 90 days, for whatever reason, the initial application becomes void and a new application with the required initial fee must be submitted for the property requiring this Certificate of Inspection / Certificate of Continued Occupancy. The time period can be extended from 90 days to 120 days to abate the violations outlined in the initial inspection report if the request for an extension is received prior to the expiration of the ninety (90) day period. The Housing Inspector or Code Enforcement Officer shall not grant any further extensions. The Housing Inspector may make a preliminary survey in any area of the Township to determine the general condition of the structures of that area, the extent of dilapidation of structures and the unsafe and unsanitary conditions which may exist,Report of the Housing Inspector. The Housing Inspector shall, at the end of each calendar year, submit a written report to the Mayor and Council of the housing activities of his office and the procedures used in the administration and enforcement of this ordinance, the number of housing violations found and corrected and any other material which will indicate the progress made in housing sanitation, safety and rehabilitation. The report shall also contain a summary of the recommendations made by the Housing Inspector and the action taken by him pursuant to these recommendations. § 155-2. Certificate for transfer of property title. A Certificate for Transfer of Property Title is required to transfer a vacant structure and/or property to a new owner without obtaining a Certificate of Inspection / Certificate of Continued Occupancy. The Certificate for Transfer of Property shall only be issued in the case of a vacant structure, dwelling or property sale, and only permits the change of ownership prior to performing necessary improvements to obtain a Certificate of Inspection / Certificate of Continued Occupancy. A minimum of one battery smoke detector on each level of the structure is required and will be inspected prior to the issuance of the Certificate for Transfer of Property Title. The said fee for a Certificate of Transfer of Property Title is $75. The Certificate for Transfer of Property Title is valid for 90 days, and a Certificate of Inspection / Certificate of Continued Occupancy application must be filed with the Housing and Construction Office prior to the expiration of the Certificate for Transfer of Property Title. Failure to obtain a Certificate for Transfer of Property Title and/or failure to obtain/apply for a Certificate of Occupancy Inspection in 90 days from the issuance of a Certificate for Transfer of Property Title may result in the issuance of a violation and penalty in accordance with Section 155-5 of this code. § 155-3. State Housing Code adopted by reference; copies on file. Pursuant to the provisions of P.L. 1946, c.21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the New Jersey State Housing Code is annexed to this ordinance, and three copies of the same have been placed on file in the Township Clerk's office and are available to all persons desiring to use and examine the same. § 155-4. Conformance with State Housing Code required. No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation. § 155-5. Violations and penalties. Any person, firm or corporation who or which shall violate any of the provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $1,500.00 or by imprisonment in the county jail for a period not exceeding 90 days or a period of community service not exceeding 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this ordinance and each day the same is violated shall be deemed and taken to be a separate and distinct offense. Part 2. Enumeration of Standards Article II. New Jersey State Housing Code § 155-6. Standards to determine fitness of buildings. 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 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 the building, of any insects, rodents or other pests. LODGING HOUSE Any building or that part of any building containing one or more lodging unit, 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 persons 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 any owner of property for purposes of its purchase, sale, use, occupancy or maintenance. PERSON The same meaning as defined in N.J.S.A. 1:1-2. PLUMBING FIXTURES Include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the draining system to which they are directly or indirectly connected. PUBLIC OFFICER The office 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 sewage services and equipment therefore. §155-7 Enforcement of Inspections All inspections will be enforceable by the direction of the New Jersey State Housing Code (N.J.C.A. 5:28) and the International Property Maintenance Code. CONSTRUCTION: Where consistent with the context in which used in this ordinance, words importing the singular shall include the plural; words importing the plural shall include the singular; and words importing one gender shall include all other genders. Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 3. If any section, subsection, paragraph, subsection or provision of this Ordinance shall be held to be invalid or unconstitutional, such decision shall not affect the remaining portions of this Ordinance. Section 4. This Ordinance shall take effect immediately upon final adoption and publication according to law. CONTINUED CERTIFICATE OF OCCUPANCY HOUSING INSPECTION CHECKLIST NOTICE FOR ALL RE-SALES The following checklist outlines the general requirements to prepare for a Township of Maple Shade Housing Inspection prior to occupying any residential property. An interior housing code inspection and an exterior property area inspection are required upon the sale and/or resale of all residential and non-residential properties within the Township. All properties will be evaluated for code compliance, and additional violations not included on this checklist may be cited. All open permits for the property must be closed (example: water heater, furnaces, AC, decks, finished basements, drywall, etc.); please check with the Construction Department or call 856-779-9610, ext.114. Any work performed without necessary Construction or Zoning permits will require the property owner to apply for and close out the permit(s) before a Certificate of Inspection /Continued Certificate of Occupancy can be issued. Township Inspections are SAFETY Inspections only. Home Buyers are encouraged to have private home inspections performed by a licensed professional EXTERIOR GENERAL REQUIREMENTS: ____ House numbers must be visible from the street (4" high numbers, contrasting color). ____ Sidewalks may not have any cracks raised more than ½ inch. Extensive cracking or damage should be repaired or replaced ____ All roofing should be sound and damage free. ____ Provide gutters and downspouts flush to ground and drain away from buildings. ____ Front steps with more than 3 risers require a handrail and guardrails on any open side. ____ Guardrails around any deck or porch taller than 30". The space between the balusters must be less than 4". ____ Electrical service wire must be undamaged and properly secured to building. ____ All entry doors should be lit from exterior. ____ Exterior painted services, shall be free of peeling paint and rusted surfaces. ____ Repair or replace any damaged or rotting wood. Repair or replace any loose siding, soffit, or fascia. Repair or replace any broken or cracked glass. ____ Fences must not be in a state of disrepair. ____ Chimney and/or brickwork must be properly pointed or covered and capped with no lean. ____ Pools higher than 24" or inground pools must have a permit when installed. All fences and gates must comply with the U.C.C. & Zoning codes. INTERIOR GENERAL: ____ Smoke detectors 10 year sealed, battery operated detector installed one per level. ____ Carbon monoxide detectors are required within 10' of all sleeping areas. ____ All stairways, including basements, must have a graspable rail from top to bottom with cornered rails. Open sides of all stairways must have guards. The space between the balusters in all guards must be less than 4". ____ All switches, outlets, junction boxes must have proper fitting covers and be secure. All outlets, fixtures, and switches must be working properly. ____ All windows must open, close, and lock. They must stay up when they are open ____ Exterior door locks and deadbolts may not be keyed from interior side. ____ Building must be free of infestation of any kind on all levels. ____ All drainpipes must be leak free. ____ All floors must not pose a tripping or safety hazard BASEMENT: ____ No bedrooms allowed unless basement has proper egress. ____ Provide windows or vents for proper ventilation. ____ Firestop all open wall cavities at top of foundation sill plates and center beams. ____ Water heater pressure safety valve pipe within 6" of floor, bonding wire pipes hot to cold. ____ Vent stack for chimney must be properly sealed. ____ Emergency heater switch must be provided. ____ Sump pumps must be drained to exterior away from buildings without encroaching onto neighboring properties. No sump pump discharge into sewer lines. ____ Electric must be a minimum of 60 Amp service. All breakers in panel labeled. ____ Remove all termite damaged areas. A certificate from a termite exterminator must be provided if termite damage is found. Must include valid license number, date, signature. ____ Remove any old / abandon oil tanks and fill all holes. Permit is required. ____ Dryer vent hose must be hard piped vented directly to exterior of dwelling. ____ Gas dryers require a shut off at appliance connection. ____ A backflow preventer (Check valve) is required at any opening below grade (washer drainpipe, utility sink drainpipe, condensate drainpipe). ____ Any temporary support columns will require a permit and inspection by the U.C.C. ____ Washer outlet must be GFCI type. KITCHEN: ____ Anti-tip device installed on stove. ____ All food preparation surface outlets and any outlet within 6' of a sink must be GFCI type. ____ Exhaust fans or range hoods, if present, must operate properly. BEDROOMS: ____ All bedrooms must have sealed 10-year, battery operated smoke detector in each bedroom. Detectors cannot be more than ten years old. ____ All habitable rooms must have a switch that controls a light or outlet. ____ All bedrooms must have proper egress to exterior as per code. BATHROOM: ____ All bathroom outlets must be GFCI type. All bathrooms are required to have at least one outlet. ____ All bathrooms must have an openable window with proper screen or mechanical ventilation fan. All items listed are referenced in the International Property Maintenance Code and the New Jersey State Housing Codes (N.J.A.C. 5:28). Any additional violations that are not listed but are determined to pose a safety hazard will be documented and must be addressed before a Certificate of Continued Occupancy (CCO) can be issued. The Township of Maple Shade conducts these inspections to ensure a safe environment for all occupants, neighboring properties, and residents. NOTICE OF INTRODUCTION The foregoing ordinance was introduced at a meeting of the Maple Shade Township Council, held on October 16, 2025, and was read for the first time. This ordinance will be further considered for final passage at a Regular Meeting of the Township Council to be held on November 20, 2025, at 6:30 P.M. at 200 Stiles Avenue, Maple Shade, NJ 08052. Copies of this ordinance will be made available on the township website at: www.mapleshade.com and at the Municipal Clerk's office to members of the general public who request same during normal operating hours. All interested persons will be given the opportunity to be heard concerning the ordinance. Andrea T. McVeigh, RMC Maple Shade Township October 22 2025 LNYS0391983 $358.02