text:
[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 11-10-1997 by Ord. No. 25-97. Amendments noted where applicable.]
This chapter shall be known as the "Multiple Dwellings and Hotel Maintenance Code" of the Borough of Madison.
The purpose of this chapter is to provide reasonable minimum requirements and standards, based upon current scientific and engineering knowledge, experience and techniques, and the utilization of modern machinery, equipment, materials and form and methods of maintenance for the regulations of the maintenance of hotels and multiple dwellings in the Borough of Madison in the interest of public safety, health and welfare.
This Code is in addition to the State of New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1.1 et seq.
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any building or structure which is deemed to be dangerous, unsafe or unsanitary.
Housing Officer. The Housing Officer of the Borough of Madison or his or her designated agent is hereby designated as the officer in charge with the enforcement of this chapter and is hereinafter referred to as the "Housing Officer or his or her designated agent."
Inspection. The Housing Officer or his or her designated agent shall cause to be made such inspections of premises within the Borough as he or she shall deem necessary to effect compliance with this chapter and shall have the authority to use the services of and public authority in the enforcement of this chapter.
Notice to owner, operator or occupant upon noncompliance. Following inspection, if the Housing Officer or his or her designated agent determines that the premises are not in compliance with this chapter, he or she shall then issue and cause to be served upon the owner, operator and/or occupant of the premises a written notification, stating the nature of the violation and allow 30 days (exclusive of the day of service) for its correction. The owner may seek an extension of time to complete the corrections upon a verbal approval of the Housing Officer.
Service of notice. In case of an owner or operator, the notice may be served personally upon him or by registered mail or certified mail, addressed to the last known address. If, after due diligence, the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the structure. Personal service of the notice may be upon a member of the family or the owner or operator over 14 years of age, residing in the same dwelling unit with the owner or operator, as the case may be. In the case of the occupant, notice may be mailed or delivered to him at his place of business or posted to the door of the occupant's premises.
Where any owner, operator or occupant fails to comply with an order issued pursuant to this chapter, he shall be deemed in violation of this chapter and shall be subject to the penalties provided herein. It shall be the duty of the Housing Officer or his or her designated agent to cause a summons to be issued from the Municipal Court for such violation, but nothing contained herein shall limit the power of the Housing Officer or his or her designated agent to take such further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any violation.
Each violation of any of the provisions of this chapter and each day that the violation exists shall constitute a separate and distinct offense and shall be punishable by a fine not to exceed $2,000 per day and per offense, levied against the owner, operator or occupant, with a minimum fine of $100 per day.
[Amended 5-8-2006 by Ord. No. 19-2006]
This chapter shall apply to the repair, demolition, removal, maintenance, occupancy and use of new and existing hotels and multiple dwellings in the Borough of Madison.
A building section containing not more than two dwelling units shall not be considered to be a portion of a multiple dwelling if it:
Is held under a condominium or cooperative form of ownership or by a mutual housing corporation;
Has no dwelling units not occupied by unit owners, if a condominium, or by shareholders, if a cooperative or mutual housing corporation;
Has at least two exterior walls unattached to any adjoining building section; and
Is attached to any adjoining building sections exclusively by fire walls having a two-hour fire-resistance rating and/or by fire-separation walls having a fire-resistance rating of 1 1/2 hours.
This code shall be liberally interpreted to secure the beneficial purposes thereof.
Any conflict or inconsistency between the requirements of this code and applicable state and federal laws and regulations shall be resolved in favor of the more restrictive requirements.
Whenever any standard or code is referred to in this chapter the most recent edition of such standard or code shall be deemed to be incorporated herein by reference, notwithstanding the fact that such edition may have been published subsequent to enactment of the regulation in which the reference to such standard or code is contained.
All buildings and all parts thereof shall be maintained as required by this code and by the Uniform Fire Code, N.J.A.C. 5:18.
All service equipment, means of egress, devices and safeguards that are required in a building by the provisions of these regulations or that were required by the law when the building was erected, altered or repaired shall be maintained in good working order.
The owner shall be responsible at all times for the safe maintenance of the building and its facilities as prescribed in this chapter.
A nonprofit corporation owning or controlling buildings of three stories or fewer in a retirement community, which are excluded from the definition of "multiple dwelling" pursuant to P.L. 1983, c. 154,[1] shall maintain all such buildings in compliance with the Uniform Fire Code, N.J.A.C. 5:18.
Editor's Note: See N.J.S.A. 55:13A-3(k).
All buildings in compliance with the Uniform Fire Code shall be deemed to be in compliance with the Act insofar as issues of firesafety are concerned.
Where not otherwise indicated, all rules in this chapter that are applicable to hotels shall be applicable to retreat lodging facilities except as follows:
The provisions of this chapter shall cover all matters affecting or relating to buildings, as set forth in § 146-1.6, and shall extend to all hotels and multiple dwellings and their appurtenant constructions, together with all surface and subsurface construction.
Any matter or requirement essential for the firesafety or structural safety of a new or existing building or essential for the safety or health of the occupants or users thereof or the public and which is not covered by the provisions of this chapter shall be the subject of determination by the Bureau of Housing Inspection in specific cases.
The lawful occupancy and use of any building may be continued unless a change is specifically required by the provisions of this chapter.
The Madison Housing Officer or his or her designated agent in the discharge of their duties shall have authority to enter upon and examine and inspect at all reasonable times any building, enclosure, or premises or any part thereof or service equipment attached thereto or contained therein for the purpose of determining compliance with the provisions of this chapter.
The Madison Housing Officer or his or her designated agent shall cause inspections to be made periodically of completed buildings.
All inspection reports shall be in writing and signed by the Madison Housing Officer or his or her designated agent making the inspection, and a record of all inspections shall be kept by the office of the Madison Housing Officer.
Inspection of private living quarters shall require the consent of the occupant of the premises, except as hereunder described:
In case of emergencies where facts known to the Madison Housing Officer or his or her designated agent or statements of persons having personal knowledge thereof indicate that conditions exist on any premises subject to the jurisdiction of the Madison Housing Officer which are either an immediate threat to the safety or health of persons using or in near proximity to the premises or of such a nature that the delay necessary to secure a warrant would render the inspection of no value in confirming the existence of the suspected violation, an inspection may be demanded and, if possible without the use of force, made to determine whether or not a violation of the law or regulations in fact exists.
Where access to any premises where inspection is desired to implement the policy of the Madison Housing Officer under this code and such access has been refused, then such refusal shall be reported to the Borough Attorney and a search warrant may be obtained from the Superior Court upon one or more of the following grounds:
An inspection is required as part of the procedures authorized by law and limitations.
There is evidence of or indication of a violation of the law or this chapter requiring an examination to determine whether the violation in fact exists.
The inspection is part of an area-wide inspection to upgrade properties in a given area.
The inspection is part of a systematic inspection of buildings falling into a particular class or category composed in order to provide adequate protection to the public health, safety and welfare.
It shall be the duty of every owner or managing agent of a hotel or multiple dwelling, upon receipt of notice from the Madison Housing Officer that his property is scheduled to be inspected, to notify each occupant, other than a hotel guest having a permanent residence elsewhere, of the time of such scheduled inspection and to request that each such occupant either admit the inspector representing the Madison Housing Officer to his dwelling unit or authorize the owner or managing agent to do so. Any occupant who has been so notified, has allowed the owner or managing agent to retain a key to his dwelling unit and has not expressed any objection in writing to the inspector's entering his dwelling unit either to the Madison Housing Officer, or his or her designated agent or to the owner or managing agent shall be deemed to have consented to the inspection of his dwelling unit by the Madison Housing Officer, or his or her designated agent. Any occupant consenting to an inspection who is unable to be present or to have a representative present at the time of such inspection shall, upon notice from either the Madison Housing Officer or the owner, or the representative of either one of them, give a key to the dwelling unit to the owner or managing agent. Such key shall be returned to the occupant within 24 hours after the inspection. It shall be the further duty of the owner and of any managing agent to provide such assistance as may be reasonable and necessary to enable the inspector to gain access to all areas of the property and, upon request of the Madison Housing Officer or his or her designated agent, to accompany the inspector during his inspection of the exterior and common areas and of all units the occupants of which are not present at the time of the inspection.
Upon reasonable request of the Madison Housing Officer or his or her designated agent, the owner of any hotel or multiple dwelling in which any major structural deficiency constituting a violation of this chapter has been found to exist and the correction of which would require the issuance of a building permit by the construction official having jurisdiction, shall provide to the Madison Housing Officer or his or her designated agent, at the sole cost and expense of such owner, an analysis and report, prepared by a licensed professional engineer or registered architect, which specifies the work necessary to correct such violation and the manner in which it should be accomplished and certification by a licensed professional engineer or registered architect that such violation has been properly corrected and that any hazard that may have been created by such violation has been eliminated.
If, in the course of inspecting any hotel or multiple dwelling, any inspector performing inspections for the Madison Housing Officer shall find a condition which is or appears to be in violation of the Uniform Fire Code, N.J.A.C. 5:18, the inspector shall give prompt notice of that condition to the Madison Housing Officer, who shall promptly notify the Madison Fire Department.
If a building has been inspected by the Department of Community Affairs of the State of New Jersey within the previous six months, then upon the owner presenting written proof of such inspection, the Housing Officer shall accept that inspection in lieu of a current inspection by the Housing Officer or his or her designated agent and shall not conduct another cyclical inspection of the building until five years shall have elapsed since the date of that state inspection.
Upon notice from the Housing Officer or his or her designated agent that violations of the provisions of this chapter exist and that such violations result in risk to the safety and welfare of the occupants, an order shall be issued to the owner forbidding occupation of any dwelling units then vacated or to be vacated during the life of the order.
The notice shall be given to the owner or lessee of the property involved or to the agents of either of them, and may be contained in an order to declare building unsafe issued by the Housing Officer or his or her designated agent, stating the reasons for the issuance of the order and the conditions under which occupancy may take place.
If any provisions of this chapter shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, it is the purpose and intent of this chapter that all other provisions thereof shall nevertheless be separately and fully effective and that the application of any such provision to other persons or situations shall not be affected.
Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; words used in the singular include the plural and the plural the singular.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- See "law or Act" of this section.
- The average elevation of the final grade adjoining all exterior walls of a building, calculated from grade elevations taken at intervals of 10 feet around the perimeter of the building.
- As applied to a building or structure, a change or rearrangement in the structural parts or in the egress facilities of any such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location or position to another.
- The American National Standards Institute, Inc.
- Approved by the Madison Housing Officer or his or her designated agent.
- A person registered to practice the profession of architecture under the laws of the State of New Jersey.
- The American Society of Heating, Refrigerating and Air- Conditioning Engineers.
- The space between the ceiling beams of the top story and the roof rafters.
- That portion of a building which is partly below and partly above grade and has at least 1/2 its ceiling height above grade.
- A plumbing fixture located in a bathroom or in close proximity thereto and used exclusively for sanitation operations.
- Any enclosed space containing one or more bathtubs or showers, or both, and which also may contain water closets, lavatories or fixtures serving similar purposes.
- The Building Officials and Code Administrators International.
- A structure built, erected and framed of component structural parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind which is enclosed within exterior walls on all sides.
- The New Jersey Department of Community Affairs, Bureau of Housing Inspection. [See N.J.S.A. 55:13A-3(d).]
- Vertical distance between the finished floor and the finished ceiling.
- That portion of a building which is partly or completely below grade, and has more than 1/2 its ceiling height below grade.
- The provision of heat throughout a building by means of one or more heating units or furnaces centrally located in a building, rather than by means of individual heating units or furnaces located in some or all of the units of dwelling space in said building.
- A vertical enclosure containing one or more flues used to remove hot gases from burning fuel, refuse or from industrial processes.
- The Commissioner of the Department of Community Affairs, New Jersey, or his duly authorized representative.
- All areas accessible to and which may be utilized by either occupants of a building or the general public, or both, including but not limited to vestibules, hallways, stairways, landings and common space and occupiable room or space, as hereinafter defined, which is not part of any dwelling unit. This definition shall also mean and include any area accessible to the owner or manager or any person employed in the maintenance of the building which is not part of any dwelling unit.
- Two or more elements of dead or live load that, for purposes of design, are considered to act simultaneously.
- The form of ownership of real property under a master deed providing for ownership by one or more owners of units, together with an undivided interest in common elements appurtenant to each such unit. [See N.J.S.A. 46:8B-3 and 55:13A-3(q).]
- Any or all work or operations necessary or incidental to the erection, demolition, assembling, installing or equipping of buildings or any alterations and operations incidental thereto. The term "construction" shall include land clearing, grading, excavating and filling. It shall also mean the finished product of any such work or operations.
- The category in which a building or space is classified based on the fire-resistance ratings of its construction elements as set forth in the current edition of the BOCA National Building Code.
- A housing corporation or association which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment or other structure owned or leased by said corporation or association or to lease or purchase a dwelling constructed or to be constructed by said corporation or association. [See N.J.S.A. 55:13A-3(r).]
- An enclosed passage providing a means of access from rooms or spaces to an exit.
- An open, uncovered, and unoccupied space on the same lot with a building.
- An unoccupiable area in a building not more than 48 inches in height.
- A portion of a corridor in which the travel to an exit is in one direction only.
- The dismantling or razing of all or part of a building, including operations incidental thereto.
- The Department of Community Affairs, State of New Jersey.
- The design temperature at the nearest locality reported in the latest edition of the Handbook of the American Engineers Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE).
- Decay, damage, loss of material or ability to function as intended caused by exposure to the elements.
- All the piping within public or private premises, which conveys sewage, rainwater or other liquid wastes to a legal point of disposal, but shall not include the mains of public sewer system or private or public sewage treatment or disposal plant.
- A pipe, tube, shaft, conduit or an enclosed space within a wall or structure, used for conveying air.
- A hoisting and lowering mechanism equipped with a car that moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, whose total inside height, whether or not provided with fixed or movable shelves does not exceed four feet, the capacity of which does not exceed 500 pounds and that is used exclusively for carrying materials.
- (See § 146-2.2, definition of "unit of dwelling space.")
- A room or rooms, or suite or apartment that is occupied or intended to be occupied for sleeping or dwelling purposes by one or more persons. [See N.J.S.A. 55:13A-3(h).]
- EGRESS or MEANS OF EGRESS
- A path by which ambulatory persons can travel safely and without assistance from a unit of dwelling space, dwelling unit or rooming unit along a continuous and unobstructed line to an exterior open area.
- As applied to a control circuit, that, in the event of interruption of the current supply or in the event of a break in the circuit, a specific signal will be given.
- A hoisting and lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction and that serves two or more floors of a building.
- Any person under the age of 18 who is gainfully employed and who is self-supporting or who is married to a spouse who is gainfully employed and who supports the said minor or who is a student living away from home and in regular attendance in an institution of higher learning.
- A person licensed to practice the profession of engineering under the law of the State of New Jersey.
- A means of egress from the interior of a building to an open exterior space, including any or all of the following: door openings, enclosed vertical exits, grade passageways, horizontal exits, exterior stairs or fire escapes, but not including access stairs, aisles, corridor doors or corridors.
- The process of controlling and eliminating of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and lawful pest-elimination methods.
- The time in hours or fractions thereof that materials or their assemblies will withstand fire exposure as determined by a fire test made in conformity with recognized standards.
- A fire-resistance-rated assembly of materials having protected openings which is designed to restrict the spread of fire.
- A fire-resistance-rated wall, having no unprotected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof.
- The projected horizontal area enclosed inside of walls, partitions or other enclosing construction.
- An enclosed passageway in a chimney to carry products of combustion to the outer air.
- A foundation element consisting of an enlargement of a foundation pier or foundation wall, wherein the soil materials along the sides of and underlying the element may be visually inspected prior to and during its construction.
- A construction that transfers building loads to the support soil.
- A wall extending below grade.
- Outdoor air.
- Rubbish and refuse as defined in this section.
- A reference plane representing the average of finished ground level adjoining the building at all exterior walls.
- A horizontal extension of a vertical exit or a passage leading from a yard or court to an open exterior space.
- Any person who occupies a unit of dwelling space either as a temporary occupant or transient in an establishment holding itself out as serving transients or on a temporary or permanent basis in an establishment providing housekeeping or dining services on a regular basis to occupants.
- A residential room or space, having an area exceeding 59 square feet, in which the ordinary functions of domestic life are carried on and which includes bedrooms, living rooms, studies, recreation rooms, kitchens, dining rooms and other similar spaces but does not include closets, halls, stairs, laundry rooms or bathrooms.
- A condition which because of faulty construction or maintenance of the premises creates significant and recognizable danger or risk to the health and safety of persons on or near the premises.
- The vertical distance from the curb level to the highest point of the roof beams in the case of flat roofs or to a point at the average height of the gable in the case of roofs having a pitch of more than one foot in 4 1/2 feet, except that where the curb level has not been legally established or where every part of the building is set back more than 25 feet from a street line, the height shall be measured from the adjoining grade elevation.
- Any building, including but not limited to any related structure, accessory building and land appurtenant thereto, and any part thereof, which contains ten or more dwelling units or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as or held out to be a place where sleeping or dwelling accommodations are available to guests. "Hotel" also means any facility that is commonly regarded as a hotel, motor hotel, motel or established guesthouse in the community in which it is located. "Hotel" does not include those facilities that are excluded by statute. [See N.J.S.A. 55:13A-3(j).]
- The presence within a hotel or multiple dwelling of any insects, rodents or other pests. Infestation shall include breeding areas on the exterior of the premises so located that products thereof may spread to the interior of any building subject to these regulations.
- Cleaning and maintaining of common areas, including the making of minor repairs, attendance to the furnishing of heat and hot water where the owner is responsible for operation and maintenance thereof, the removal of garbage, refuse and rubbish from the premises, and the removal of snow, ice, dirt, and other matter creating obstructions or hazards from pedestrian paths, sidewalks and gutters.
- Any room or part of a room used for cooking or the preparation of food.
- A vertical drainage pipe for conveying stormwater from roof or gutter drains to a building house storm drain, building house drain (combined) or other means of disposal. The leader shall include the horizontal pipe to a single roof drain or gutter drain.
- All occupants, materials, equipment, constructions or other elements of weight supported in, on or by a building that will or are likely to be moved or relocated during the expected life of the building.
- The process of introducing outdoor air into or removing vitiated air from a building by mechanical means. A mechanical ventilating system may include air-heating, air-cooling or air-conditioning components.
- Any person who is under the age of 18. (See § 146-2.2, definitions of "emancipated minor" and "unemancipated minor".)
- Any building or structure and any land appurtenant thereto and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" also means any group of ten or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto and any portion thereof. "Multiple dwelling" does not include those buildings and structures that are excluded by statute. [See N.J.S.A. 55:13A-3(k).]
- In addition to its legal meaning, two or more municipalities acting in concert through any public agency, joint committee, contractual arrangement or in any other manner authorized by law.
- A not-for-profit corporation incorporated under the laws of the State of New Jersey on a mutual or cooperative basis within the scope of the Lanham War Housing Act, 42 U.S.C. § 1501 et seq., which acquired a national defense housing project pursuant to said Act. [See N.J.S.A. 55:13A-3(p).]
- Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices.
- N.J.S.A. 52:27D-119 et seq., N.J.A.C. 5:23-1.1 et seq. and the subcodes adopted pursuant thereto.
- The National Fire Protection Association.
- The purpose or activity for which a building or space is used or is designed or intended to be used.
- Any person or persons, including guests, in actual physical possession or occupancy of a unit of dwelling space on a regular basis. For purposes of assigning specific duties or responsibilities, the term "occupant," unless the text indicates otherwise, shall mean the tenant, lessee, head of the family or household or other adult person or emancipated minor assuming basic responsibility for the continued renting or occupancy of the dwelling space.
- A room or space, other than a habitable room, designed for human occupancy or use, in which persons may remain for a period of time for rest, amusement, dining, shopping, storing goods or other similar purposes or in which persons may be engaged at work.
- Any person who owns, purports to own, or exercises control of any hotel, multiple dwelling or retreat lodging facility. [See N.J.S.A. 55:13A-3(l).]
- A vertical unit or assembly of materials that separates one space from another within any story of a building.
- Any individual, corporation, association or other entity. [See N.J.S.A. 1:1-2 and 55:13A-3(m).]
- The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances, equipment and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building; also the practice and materials used in the installation, maintenance, extension or alteration of stormwater, liquid waste, or sewerage and water-supply systems of any premises and their connection with any point or public disposal or other acceptable terminal.
- Installed receptacles, devices or appliances that are supplied with water or which receive or discharge liquids or liquid-borne wastes.
- Water free from impurities present in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the Department of Health.
- Land, improvements thereon or any part thereof.
- A group of buildings subject to the Act that:
- (1) Are or are represented to be under common or substantially common ownership;
- (2) Are on a single lot or contiguous lots; and
- (3) Are named, designated or advertised as a common entity. Lots shall be considered to be contiguous even if they are separated by a public right-of-way. [See N.J.S.A. 55:13A-3(o).]
- Any equipment, device, system or apparatus required or permitted to be constructed or installed in any hotel or multiple dwelling for the protection of occupants, intended occupants or the general public. [See N.J.S.A. 55:13A-3(i).]
- All putrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- The rules contained in this chapter.
- The replacement of existing work with equivalent materials for the purpose of its maintenance, but not including additional work that would affect safety or affect required exit facilities or a vital element of an elevator, plumbing, gas piping, wiring, ventilating or heating installation, or any work that would be in violation of a provision of this code or any other law governing building construction.
- Required by the provisions of these regulations.
- A building or structure, including but not limited to any related structure, accessory building and land appurtenant thereto and any part thereof, owned by a nonprofit corporation or association which has tax-exempt charitable status under the Federal Internal Revenue Code and which has sleeping facilities used exclusively on a transient basis by persons participating in programs of a religious, cultural or educational nature, conducted under the sole auspices of one or more corporations or associations having tax-exempt charitable status under the Federal Internal Revenue Code, which are made available without any mandatory charge to such participants. [See N.J.S.A. 55:13A-3(s).]
- The topmost slab or deck of a building, either flat or sloping with its supporting members, not including vertical supports.
- A unit of dwelling space located within a multiple dwelling or a hotel, forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
- Nonputrescible solid waste consisting of both combustible and noncombustible waste, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- Either the public system for disposal of sewage from the premises or, in the absence of such system, any private system available to the premises for the disposal of sewage.
- As applied to an opening protective, means a door, window, damper or other device and its assembly that is normally kept in a closed position and that is equipped with an approved device to ensure immediate closing after having been opened for use.
- Any liquid waste containing animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution.
- A vertical, inclined or offset passage, duct or hoistway, penetrating through two or more floors of a building or through a floor and roof, for the transmission of light, air, materials or persons or the passage of pipes or other mechanical facilities.
- A plumbing fixture located in a kitchen area and used exclusively for food preparation operations.
- That portion of a building that is between a floor level and the next higher level or roof above.
- A thoroughfare dedicated or devoted to public use by legal mapping or other lawful means.
- An assembly of materials forming a construction for occupancy or use, including among others buildings, stadiums, tents, reviewing stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open sheds, coal pockets, shelters, fences and display signs.
- As applied to occupancy, means occupancy for not more than 90 days by a person having a principal residence elsewhere.
- Any person under the age of 18 who is not an emancipated minor as defined herein.
- See "dwelling unit" of this section. [See N.J.S.A. 55:13A-3(h).]
- The purpose for which a building, structure or space is occupied or utilized, unless otherwise indicated by the text. "Use (used)" shall be construed as if followed by the words "or is intended, arranged, or designed to be used."
- That part of the floor area within a unit of dwelling space that can be considered usable for general living purposes, excluding areas devoted to built-in equipment, such as wardrobes, cabinets, closets, kitchen units and equipment or fixtures which are not readily available for use as floor area.
- The supply and removal of air to and from any space by natural or mechanical means. (See also § 146-2.2, definitions of "mechanical ventilation" and "natural ventilation.")
- The pipes in a building or premises that convey water from the water service pipe to the plumbing fixtures and other water outlets.
- The pipe from the water (street) main or other source of water supply to the building served.
- A water supply pipe for public or community use controlled by public authority.
- The water service pipe, the water distribution piping and all of the necessary connecting pipes, fittings, control valves and appurtenances used for conveying water in the plumbing system.
"Shall," as used in this chapter, is always to be construed as mandatory.
Owners, including agents of owners, managing agents and superintendents, shall have the general duties outlined herein for the maintenance of the premises, and no such person shall be relieved from any such responsibility hereunder by reason of the fact that an occupant or other person shall have similar responsibilities or shall have failed to report any violation, nor shall any such person be relieved of any responsibility by the terms or provisions of any lease, contract or agreement.
Occupants and, to the extent provided herein, members of their families or other persons living on the premises shall have the general duties outlined herein for occupants for the maintenance of the premises, and no such person shall be relieved from any such responsibility by reason of the fact that any owner or operator shall have similar responsibilities, nor shall any person be relieved of any responsibility by the terms or provisions of any contract, lease or agreement.
In any premises subject to either the Horizontal Property Act (N.J.S.A. 46:8A-1 et seq.) or the Condominium Act (N.J.S.A. 46:8B-1 et seq.), the council of co-owners or condominium association, as the case may be, shall have the duties of an owner as set forth in these regulations. However, any such council or association shall only be required to abate those violations which pertain either to the common areas or common elements or which it has the right, pursuant to contract or otherwise, to require the owner of the individual dwelling unit to abate. Owners of individual dwelling units shall be responsible for the abatement of violations pertaining only to each such unit, provided, however, that the responsibilities of the dwelling unit owner and of the council or association may be concurrent.
No person shall intentionally cause any service, facility, equipment or utility which is required to be supplied under this chapter to be removed, shut off or discontinued or knowingly allow such condition to continue when the condition affects any occupied unit of dwelling space. This section shall not be applicable to such temporary interruption as may be necessary when actual repairs or alterations are in process or during temporary emergencies when discontinuance of services is caused by any public utility or public agency or is approved by the Madison Housing Officer or his or her designated agent.
In the event of any discontinuation of services, repairs shall be performed expeditiously to minimize inconvenience to occupants and, to the greatest extent possible, temporary or alternate service shall be provided until permanent service can be restored.
An occupant shall, in addition to complying with all provisions of this chapter applicable to him, be responsible for violations of this chapter to the extent that he has the power to prevent the occurrence of a violation or assist in abating the violation. An occupant has the power to prevent the occurrence of a violation if:
The occupant, any member of his family or household or his guest shall, with respect to the public parts of the premises, be liable if a violation is caused by his own willful act, gross negligence, neglect or abuse.
Every occupant of each unit of dwelling space shall give the owner thereof or his agent or employees access to any part of the unit of dwelling space upon reasonable notification, which under ordinary circumstances shall be one day for multiple dwellings, except immediately for hotels, for the purpose of making such inspection and such repairs or alterations as are necessary to effect compliance with the law and this chapter. In case of safety or structural emergencies, immediate access shall be given.
All items stored by occupants in any area provided for common storage by occupants of more than one unit of dwelling space shall. bear the name and dwelling unit number of the occupant storing said item or items. It shall be the responsibility of the occupant to label each item and maintain it labeled. Materials stored in such areas shall be secured against becoming sources of infestation and shall not be placed so as to create a hazard.
Upon discovery by an occupant of any conditions on the premises, failure of service or defect in any equipment, which constitutes a violation hereof, the occupant shall report the same promptly to the owner or to the superintendent having charge of the premises.
No occupant or other person shall:
Occupants shall place all garbage within the receptacles provided for garbage disposal. Where janitorial service is not required, they shall place all containers with sufficient frequency to avoid an unsanitary accumulation in the exterior area or areas set aside for the same. Garbage, rubbish and other refuse shall not be thrown out of windows or down dumbwaiters, nor shall garbage and refuse be set out on stairways or fire escapes or in common hallways.
Occupants of each unit of dwelling space shall be responsible to the extent of their own use and activities for keeping the interior thereof safe and sanitary. Occupants shall prevent any accumulation of garbage or waste matter which may become a source of infestation.
Every occupant shall maintain all plumbing fixtures used by him in a clean and sanitary condition, shall not deposit any material in any fixture or sewer system which would cause stoppage of or damage to properly maintained fixture or sewer systems and shall be responsible for the exercise of reasonable care in the proper use and operation of such fixtures.
Occupants shall not damage, remove or destroy screens needed for the building.
Every occupant of any unit of dwelling space shall be responsible for removing conditions resulting from the occupants own activities or which may result in infestation conditions which are subject to and under his exclusive control.
No occupant shall cause excessive grease, soot or other foreign matter to accumulate on side walls, ceilings or other exposed room surfaces by improper use of heating or cooking equipment. Cooking equipment shall be kept clean, free of garbage, food particles and grease.
Every occupant shall be liable for willfully or maliciously causing damage to any part of the premises which results in a violation of this chapter. Any adult occupants shall be responsible and liable for any violation of this section caused by minors under their care or custody occupying the same unit of dwelling space if the violations were created or permitted to continue with the knowledge or acquiescence or consent of said adult member.
Where any occupant undertakes by contract or as a condition of his lease to supply his own heat through a furnace or boiler which also heats any unit of dwelling space occupied by other persons, said occupant shall be responsible in the same manner as the owner for supplying heat in accordance with the provisions of this chapter.
Installation and maintenance: Where any occupant undertakes to install heating equipment, it shall conform to the requirements of the New Jersey Uniform Construction Code.
The occupant shall be responsible for maintaining such equipment installed by him in good repair and operating condition during all times that the heating equipment remains under his control.
No occupant shall occupy or permit the occupancy of any unit of dwelling space in violation of the occupancy standards established under Article XXI. No occupant shall cook in any unit or dwelling space except where all the required cooking facilities are installed as required under § 146-19. No occupant shall occupy or continue to occupy a unit of dwelling space that does not have provision for bathroom and toilet room facilities as required by Article XX
No occupant shall utilize any area outside of his dwelling space for storage purposes except in an area designated for such use in accordance with § 146-4.1(d).
The owner of any hotel or multiple dwelling shall be responsible at all times for keeping all parts of the premises occupied by himself or other persons, to the extent of his responsibilities described herein, clean and free of infestation and hazards to the health or safety of occupants and other persons in or near the premises.
The owner of any hotel or multiple dwelling shall be responsible for avoiding, eliminating or abating any noises, lights, odors, radiations or vibrations arising out of the use or occupancy of the premises which shall constitute a nuisance that is harmful or potentially harmful to the health and well-being of persons of ordinary sensitivity occupying or using the premises.
Every unit of dwelling space shall be so maintained as to be fit for human use and habitation and to prevent progressive deterioration of the unit to the detriment of the health, safety and well-being of its occupants.
The exterior of the premises and all structures thereon shall be kept free of all nuisances, unsanitary conditions and any hazards to the safety or health of occupants, pedestrians and other persons utilizing the premises, and any of the foregoing conditions shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of such conditions which include but are not limited to the following:
Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
Dead and dying trees and limbs or other natural growth which by reason of rotting or deteriorating conditions or storm damage constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
Loose and overhanging objects and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
Holes, excavations, breaks, projections, obstructions, litter, icy conditions, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises. Holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
Accumulations of water, vegetation or other matter which might serve as a source of food or as a harboring or breeding place for infestation.
Walks, courts and other paved areas shall be kept clean and free of litter, dirt, mud or other conditions hazardous to pedestrians.
All parts of the premises shall be so graded and, where necessary, provided with runoff drains and other means to carry off and dispose of surface waters in such a manner as to eliminate any recurrent or excessive accumulations of stormwater on the premises, without causing excessive accumulations of water on adjoining properties:
[Amended 4-24-2006 by Ord. No. 7-2006]
Outdoor swimming pools, decorative pools, reflecting pools and artificial fish ponds which contain 24 inches or more of water shall be protected by a fence, wall, building, enclosure or solid wall of durable material of which the pool itself may be constructed so as to afford no external handholds or footholds and of materials which are impenetrable by toddlers, and shall be at least four feet in height and equipped with a self-closing and self-latching closure mechanism not more than six inches below the top of the gate and provided with hardware for permanent locking.
A swimming pool shall not be opened for use or occupied in whole or in part by any person until a valid bonding and grounding certificate is provided to the Borough Construction Official.
Buildings and parts thereof shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject so that loads are transmitted to the soil without undue differential settlement, unsafe, deformation or movement of the building or any structural part thereof.
Foundations of all structures shall be kept, maintained and repaired to eliminate all exposed holes, cracks and other defects so that the foundation shall be at all times capable of resisting the penetration of liquids into the building and be weather-tight and serve to protect the building against infestation. They shall also be maintained to prevent or correct erosion around footings.
The exterior of every structure or accessory structure, fence or other improvement on the premises shall be kept in good repair and all exposed surfaces thereof subject to deterioration shall be protected against weathering or deterioration by a protective coating appropriate for the particular material involved as needed.
All exterior windows and window frames shall be painted with at least one coat of suitable exterior paint or other preservative as needed except where constructed of an approved atmospheric corrosion-resistant metal or other equivalent material.
The exterior surfaces shall be maintained to eliminate conditions reflective of deterioration or inadequate maintenance, such as broken glass, loose shingles, crumbling stone or brick or excessive peeling of paint.
The exterior of the building shall be free of loose material that may create a hazard by falling on persons utilizing the premises.
All exterior walls, roofs, windows, window frames, doors, door frames, skylights, foundations and other parts of the structure shall be maintained as to keep water from entering the structure, to prevent excessive drafts or heat loss during cold or inclement weather and to provide a banner against infestation. Damaged or badly worn material shall be repaired or replaced, and places showing signs of rot, leakage, deterioration or corrosion shall be treated or restored to prevent weathering or seepage.
Leaders and drainpipes shall be securely fastened to the building and maintained in good condition, free of leaks, kept clean and free of obstructions and shall direct stormwaters into draining systems and away from the foundation walls of the structure.
Handrails. All interior stairways having three or more risers and all exterior steps having a drop of at least 24 inches to ground level or having at least four risers shall have handrails which are to be securely fastened to walls or guard rails and, unless continuous, shall be returned to the enclosure walls or posts at the end of the stairs.
All stairways 44 inches or more in width shall have continuous handrails on both sides; stairs less than 44 inches wide may have a handrail on one side only. In assembly occupancies, when the stairway width exceeds 88 inches, the stairways shall be provided with intermediate handrails dividing the stairway in approximately equal widths with a maximum lateral spacing of 66 inches.
The height of the handrail shall not be less than 30 inches and shall not project more than 34 inches above the nosing of treads.
Handrails shall provide a finger clearance of 1 1/2 inches and shall not project more than 3 1/2 inches into the required stair width.
Guard rails shall be provided on exterior corridors, balconies, landings or porches having more than a three-foot drop to the adjoining level and on the exposed side of any interior or exterior stairway. The height of the guard rail shall not be less than 30 inches.
Exception: In an instance of a rail protecting a level 35 feet or less above exterior grade where a special case can be made that the existing rail is sufficient to protect the safety of persons, the department may permit a rail less than 30 inches in height.
Guards shall be constructed so that the area in the plane of the guard, from the top of the tread to the top of the guard, is subdivided or filled in one of the following methods:
A sufficient number of intermediate longitudinal rails constructed so that the clear distance between rails (measured at right angles to the rail) does not exceed 16 inches (measured vertically) from the tread nosing;
Balusters spaced not more than eight inches apart;
Panels of wire mesh, or expanded metal, or ornamental grilles which provide protection equivalent to that provided by the intermediate rails or balusters specified in Subsection B(2)(aa) and (b);
Walls; or
Any combination of the foregoing.
Basements, cellars and crawl spaces are to be free of moisture resulting from liquid penetration from the exterior and shall be provided with ventilation as required herein to prevent accumulations of moisture and dampness.
Floors of basements and cellars shall have a permanent surface that is water-resistant and capable of being kept broom-clean so as not to create a safety hazard. Subcellars and crawl spaces which are neither usable nor occupiable need not be permanently surfaced.
All floors, walls, ceilings and other surfaces shall be kept in good repair, that is, free from cracks, breaks, split or splintering boards or woodwork, loose plaster, flaking or peeling paint or other materials. Loose or defective sections shall be removed and replaced so that the joint between the repair and the sound material is made flush and smooth.
Floors, walls, ceilings and other exposed surfaces shall be kept clean, free from visible foreign matter, sanitary and well-maintained at all times. If necessary to accomplish the foregoing, these surfaces shall be kept painted, whitewashed, papered, covered or treated with sealing materials or other protective coatings as needed.
Interior walls, ceilings and other exposed surfaces in units of dwelling space shall be kept smooth, clean, free of flaking, loose or peeling paint, plaster or paper and capable of being maintained free of visible foreign matter and of vermin and in a sanitary condition. If and when necessary to accomplish the foregoing or any part thereof, such interior surfaces shall be spackled, painted, papered or otherwise provided with a protective coating appropriate for the surface material, and this shall be done at least once every three years unless it is clearly unnecessary. Painting or other provision of a protective coating shall be the responsibility of the occupant and not of the owner when required more frequently than once every three years as a result of the acts or omissions of the occupant, a member of his family or household or his guest.
Owners shall maintain records indicating the date on which any dwelling unit or part thereof was painted or otherwise provided with a protective coating for six years. Said records shall also indicate the name and address of the person who did the work, the nature of the work done and the cost. Said records shall be made available upon request to the Madison Housing Officer or his or her designated agent.
Except where housekeeping services are provided, normal housekeeping as required for the maintenance of cleanliness and sanitation within individual units of dwelling space of multiple dwellings shall be the responsibility of the occupants and shall not, unless a hazard to the health, safety or welfare of persons other than the occupants of the dwelling unit is thereby created, be the responsibility of the owner.
Stairways shall be maintained to support a live load of 100 pounds per square foot and walking surfaces shall be maintained free of hazards, such as loose steps, loose or uneven treads, torn carpeting, raised strips and nonuniform risers.
Hallways, fire escapes, stairs, landings and passages and other common areas shall be kept open for unrestricted passage.
All doors shall be so maintained that they can be readily opened and closed.
Except where an alternative method providing equivalent health and safety methods is utilized, such as incineration or compaction, there shall be provided for each multiple dwelling noncorrosive, impervious and noncombustible receptacles sufficient in size and number to contain waste accumulated in each separate building, pending collection, either in conformance with the municipal collection schedule or, in the absence thereof, twice weekly. The receptacles shall be so constructed as to hold their contents without leakage and shall be provided with tight-fitting covers and handles.
Receptacles for the collection of garbage shall be located so as not to constitute a hazard and located so as to be accessible to the collecting agency.
Garbage collection receptacles shall be kept covered, shall be maintained in good repair and shall be kept in the area designated for storage of such receptacles. All such receptacles shall be cleaned and disinfected at least once a week.
Disposal of materials not fitting into or appropriate for receptacles, such as newspapers, wrapping paper and other inorganic wastes which are likely to be blown or scattered about the streets, shall be secured to prevent littering.
Other objects and material, which because of bulk or size do not fit into receptacles, shall be placed out for collection only at such places as are designated for that purpose and at such times as shall assure their prompt removal by the collection service available to the building.
Screens suited to protect the interior of the building against mosquitoes, flies and other undesirable insects shall be provided and kept in good repair for each exterior door (except as otherwise provided in Exception 2 below) and each openable window in habitable and occupiable rooms and common areas. Screens shall be installed and maintained by the owner on all such doors and windows at least from May 1 to October 1 of each year. All screens required pursuant hereto shall be affixed either to the window frame or to the upper sash and the window frame. Fixed windows need not be provided with screens.
Exceptions shall be as follows:
Exception 1: In transient nonresidential hotels in coastal areas where it is demonstrated to the department that screens are not necessary above the ground floor.
Exception 2: Exterior doors which do not provide any portion of the minimum ventilation area of at least 4% of the floor area of the room or space ventilated.
Exception 3: For dwelling units or common areas on the sixth floor and above.
Exception 4: On windows or exterior doors in areas and spaces where a central mechanical ventilation system is provided which conforms to applicable construction codes of the New Jersey Uniform Construction Code.
Exception 5: In areas used for storage purposes only.
Every owner shall be responsible for the eradication of any insects, rats or other pests when the infestation exists in two or more units of dwelling space or in common areas. All buildings subject to this chapter shall be made rat-proof and shall be maintained in a condition free from infestation. Such rat-proofing and pest extermination shall include but is not limited to the following:
Prevention of entrance by blocking off or stopping up at passages by which rats may secure entry from the exterior with rat impervious material.
Prevention of interior infestation by elimination of sources of food and access thereto.
Prevention of any vertical travel of vermin through pipe chases or other similar methods of travel.
All hotels and multiple dwellings shall be subject to periodic procedures for the prevention and elimination of infestation by persons qualified to conduct such procedures no less frequently than once annually and more frequently where there is recurring evidence of infestation.
The owner shall have the positive responsibility of providing, either by his own direct efforts or by hiring others qualified to so serve, a person or persons qualified by training or experience to discharge the duties and responsibilities outlined for owners under these regulations.
Any managing agent, in charge of the leasing or renting of space and the general management and operation of the premises, shall be competent to provide supervision of the management and operation of the building in accordance with this chapter.
In a multiple dwelling of nine or more dwelling units, the owner shall either perform the janitorial services himself, if he is a resident owner, or provide a janitor or provide janitorial services to be performed, on a twenty-four-hour-a-day basis, in a manner approved by the Madison Housing Officer or his or her designated agent.
Unless either the owner or the janitor resides on the premises, the owner of a multiple dwelling or his managing agent in control shall post and maintain in such dwelling a legible sign, conspicuously displayed, containing the janitor's name, address (including apartment number) and telephone number. A new identification sign shall be posted and maintained within five days following a change of janitor.
The person who performs janitorial services for a multiple dwelling of nine or more dwelling units (other than where janitorial services are performed on a twenty-four-hour-a-day basis under Subsection C above) shall reside in or within a distance of one block or 200 feet from the dwelling, whichever is greater, unless the owner resides in the multiple dwelling.
Where necessary to assure compliance with this chapter and other provisions of law affecting multiple dwellings and hotels, there shall be a full-time person or employee responsible for providing janitorial services as defined herein. The owner shall provide additional personnel as may be required to assure proper maintenance and compliance with this chapter.
All personnel responsible for enabling the owner to meet the requirements of this chapter shall be by reason of training or experience competent to perform the duties entrusted to him, familiar with the requirements contained herein and not unable or unwilling to discharge said duties by reason of any physical or mental incapacity or disability or personal habits inconsistent with such duties.
The following shall serve as a guide to adequacy of personnel for maintenance of a typical multiple dwelling not having any unusual or special labor-saving features:
Units of Dwelling Space
Full-Time Personnel or Equivalent
70 to 100
101 to 150
151 to 225
226 to 325
(and each additional 100 units)
4, plus 1 for each 100 additional units of dwelling space over 325
Without relieving the owner of any responsibility placed by these regulations on the owner, any person undertaking for and on behalf of the owner any responsibilities for the operation and maintenance of the premises shall thereby assume, concurrently with the owner, responsibilities for the premises and be subject to penalty for failure to comply with any regulation or order relating to any item or matter within the responsibilities so assumed.
Where the owner has vested any other person with active management or control of the property and the owner either by his physical absence or unavailability to the premises has left such person in charge thereof or, by reason of any other arrangement with such person, the owner does not actively engage in the day-to-day conduct or operation of the premises, then such person assuming management shall be responsible as the agent of the owner for compliance thereto.
Where there is present on the premises or available to the premises a person whose duties and authority do not comprise overall control of the management of the premises, but such person is designated by the owner as the person responsible for the day-to-day physical upkeep and maintenance of the premises, then such person shall be liable, concurrently and jointly with the owner and any managing agent, for such matters as shall constitute routine maintenance and upkeep of the premises, for any other matters pertaining to the maintenance of the premises entrusted to such person by the owner or management and for apprising the owner or managing agent promptly of any other and further matters, such as major repairs, structural improvements and capital investments, which are beyond such person's authority and competence to undertake and which, if not done, constitute violations of this chapter or hazards to the health, safety or well-being of occupants.
The person in regular attendance on the premises and responsible for providing janitorial or maintenance duties as required by this article shall provide the following services:
Setting out and returning waste disposal receptacles and avoiding leaving receptacles on days when there is no pickup;
Providing regular daily care for all common areas, including removal of garbage, litter or other accumulations;
Attending to sidewalks, pedestrian walkways, parking areas and driveways and, in case of snow or ice, to permit safe passage in and out of the premises for vehicles and pedestrians;
Operating of the equipment designed to provide heat as required under these regulations; and
Such other and further routine operational and maintenance service as is required of the owner to comply with this chapter.
All elevators shall be so maintained as to meet the standards established and set forth in N.J.A.C. 5:23-12.1 et seq. The elevator doors, flooring, safety devices and operating mechanisms shall be maintained in good working order and free of hazards.
The owner or the agent of the owner of a building containing one or more elevators shall have and shall provide for inspection by the Bureau's representative, a current certificate of compliance, issued pursuant to N.J.A.C. 5:23-2.23(j), for each such elevator.
All elevators and elevator equipment and accessory devices shall be provided with preventive maintenance and inspections as required by N.J.A.C. 5:23- 12.1 et seq.
Elevator service shall not be suspended except where unavoidable or where necessary to provide servicing or repairs and then only for the minimum period of time necessary to effectuate such servicing or repairs. Where the owner has knowledge in advance of such suspension, he shall post a notice of the same, advising all occupants of the time and duration of any such suspension and the reason therefor.
In all hotels and multiple dwellings in which there are one or more self-service elevators, there shall be affixed and maintained in each elevator a mirror that will enable persons, prior to entering into such elevator, to view the inside thereof to determine whether any person is in such elevator.
There shall be maintained in good operational condition in every multiple dwelling and hotel, electrical service which shall comply with the electrical requirements in effect at the time the structure first became a multiple dwelling or hotel.
The following electrical installations shall be provided and hereafter properly maintained in all hotels and multiple dwellings:
All entrances and exits shall be illuminated by exterior lights sufficient to provide safe passage for persons of normal vision. Exterior lighting fixtures shall be controlled by interior wall switches, located for convenient and readily accessible use, except if such lights are controlled by an automatic timer or photoelectric control device.
Every kitchen shall be provided with a minimum of two duplex receptacle outlets.
Each basement shall be wired for a minimum of one lighting fixture for use as general illumination. All enclosed areas to which occupants of the building have access shall be provided with at least one lighting fixture. Stairwell and laundry area lighting fixtures shall not be counted as part of the required basement lighting fixtures.
Laundry areas shall be provided with illumination. The laundry circuit shall be an individual circuit. A wall-mounted grounding-type duplex receptacle outlet shall be provided, located near the laundry equipment.
Heating equipment requiring electrical energy for operation or control shall be provided with an individual circuit.
Service and circuiting shall be adequate for the electrical load being served. If the electrical load in a building is excessive, the load shall be reduced or service shall be increased so as to be adequate.
Existing wiring and equipment shall be kept in good repair.
Over-current protection devices shall be provided. Under no circumstances shall the capacity of over-current protection devices exceed the rated capacity of all connected wiring as determined by the National Electrical Code.
No extension lines shall be utilized except in conformity with the following standards:
No cords shall be used which are not listed by Underwriters' Laboratories, Inc.
Maximum length shall not exceed eight feet and minimum wire size shall not be less than No. 18 (AWG).
No extension cord shall be used that is rated for a lower current carrying capacity than is required by the appliance(s) to which it is connected.
No extension cord shall pass under any rug or carpet or across any path of travel or be used in any other location where it would create a hazardous condition.
No frayed, worn or otherwise damaged extension cord shall be used.
Every garage or other accessory structure utilized by occupants after dark shall be equipped with artificial lighting, which shall be maintained and operated so as to render all parts of the garage that are unlocked and accessible visible to occupants and also to illuminate all areas commonly used by occupants sufficiently to enable persons of normal vision to traverse from such areas safely to the point of egress from the garage.
In garages or structures not kept locked, lighting as required herein shall be kept on continually from 1/2 hour before sunset to 1/2 hour after sunrise unless the lighting is connected to a dusk to dawn photoelectric control device.
In garages or structures which are locked at all entrances, lighting may be provided which is operated manually by individual occupants in lieu of continual night-lighting, and in such case the lighting fixtures shall be operable from a switch located near the point of ingress into the interior of the space to be lighted.
Illumination of common areas shall be situated so as not to shine into adjacent dwelling units.
Exterior parking areas, pedestrian walkways or other portions of the premises subject to regular and recurrent use by occupants at night shall be illuminated continually from 1/2 hour before sunset to one-half hour after sunrise, unless the lighting is connected to a dusk-to-dawn photoelectric device to enable safe passage of persons of normal vision.
All interior common areas on the premises utilized by occupants and likely to be used by persons frequenting the premises shall be equipped with lighting so that, during periods of darkness, all such parts and areas shall be sufficiently illuminated to enable persons of normal vision to traverse such areas safely and to perform therein the functions for which the parts or areas are designed.
Light switches in exitways, including corridors, hallways, landings, stairways and vestibules, shall be of a type that may not be operated by occupants or persons frequenting the premises.
Lighting fixtures, wall plates and other electrical facilities in bathrooms and toilet rooms shall be of the type or so located and maintained that there will be no danger of short circuiting from splashing of water from any facility therein. No such fixtures shall be located so as to be reached from a bathtub or shower enclosure.
Every habitable or occupiable room shall have light available at all times, with an illumination of at least six footcandles. Such light shall be measured 30 inches from the floor at the center of the room.
Every bathroom and toilet room shall have light available at all times, with an illumination of at least three footcandles. Such light shall be measured 30 inches from the floor at the center of the room.
The foregoing provisions notwithstanding, it shall not be the responsibility of a multiple-dwelling owner to provide lamps or lighting fixtures in dwelling units other than kitchen and bathroom ceiling or wall fixtures or to supply replacement bulbs.
No overhead electrical conductors shall be within 15 feet of any swimming pool. All metal fences, enclosures or railings that might become electrically charged as a result of contact with broken overhead conductors or from any other cause near or adjacent to a swimming pool shall be grounded in accordance with the provisions of the National Electrical Code.
Every unit of dwelling space shall contain facilities to provide heat sufficient to maintain a minimum inside temperature 68° Fahrenheit in all habitable rooms, measured at least one foot away from any surface at the coldest portion of the space subject to regular use by occupants of any such room when the outside temperature is at design winter conditions. This provision shall not apply to units of dwelling space which are neither occupied nor intended to be occupied between October 1 and the next succeeding May 1.
Where the Madison Housing Officer or his or her designated agent determines that the facilities are of inadequate size or capacity to accomplish the foregoing, the owner may be ordered to either increase the capacity of the heating system, provide additional insulation or take such other or further steps as will enable the heating system of the unit to satisfy this requirement; provided, however, that nothing herein shall be construed as authorizing loss of habitable space to an extent that would create a violation of this chapter.
The heating equipment, facilities and system and all parts thereof shall be kept in good operating condition, free of defects, corrosion and deterioration at all times.
Heating equipment shall be installed and maintained in such a manner as to avoid leakage of or concentration of liquids, gases and solid matters which may constitute hazards or violations of this chapter.
Heating equipment shall not be operated in such a manner as to impair its ability to perform as required hereunder or create a hazard anywhere in the system due to excessive temperature.
The heating system, including such parts as heating risers, ducts and hot-water lines, shall be covered with an insulating material or guard to protect occupants and other persons on the premises from receiving burns due to chance contact.
Any pressure-relief valve on any type of heating unit shall be connected to a pipe that discharges either vertically toward the floor to a maximum distance of 20 inches from that floor surface or in a manner conforming to the plumbing subcode of the Uniform Construction Code.
From October 1 of each year to the next succeeding May 1, every unit of dwelling space and every habitable room therein shall be maintained at a temperature of at least 68° Fahrenheit between the hours of 6:00 a.m. and 11:00 p.m. and at least 65° Fahrenheit between the hours of 11:00 p.m. and 6:00 a.m. The heating system shall be capable of maintaining the minimum required temperature in all habitable rooms without the necessity of heating adjoining rooms more than 5° higher than said minimum required temperature. The design of the heating system shall conform to the ASHRAE Guide and Data Book. The heating standard herein set forth may be modified by the Commissioner by emergency rule.
In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building.
The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
Space heaters shall be so installed, located and maintained so as to exhaust the products of combustion to the outside air (unless the appliance is labeled as having been tested and approved for unvented operation, in compliance with the State Uniform Construction Code), to prevent a fire hazard by being sufficiently removed or insulated from surrounding material, to be permanently affixed so that the heater cannot be moved by occupants and not to constitute a hazard to persons using the premises in close proximity to the heater by reason of chance contact or by reason of lack of fresh air supply.
Space heaters shall be installed in such a manner that all habitable rooms will be heated to the required temperature, with no room more than 5° Fahrenheit higher in temperature than the other rooms. If the temperature varies over 5° Fahrenheit, other heaters must be installed to give uniform heating of all habitable rooms.
Electric and gas space heaters shall be permitted, provided that they meet standards established by the Underwriters' Laboratories.
The heating system, as herein defined, shall be inspected annually. Such inspection shall be for the following purposes:
To ensure that the system is being maintained in accordance with the standards applicable to the system as of the time of installation;
To locate and remove hazards or conditions that may, if not corrected, foreseeably develop into hazards or become violations of these regulations;
To confirm the ability of the system to fulfill the heating requirements provided hereunder.
Every multiple dwelling and hotel shall be connected to a source of and system for delivery of potable water sufficient to meet the requirements for hot and cold water at all connected fixtures.
Every kitchen sink, bathroom or toilet room, sink, basin, tub or shower shall be connected to both hot- and cold-water lines and be provided with both hot and cold water.
Each building shall be served by a hot-water heater and hot-water distribution system capable of operating even when the heating system itself is not in operation and of providing all units of dwelling space and facilities therein requiring hot water with water at the outlets at a minimum temperature of 120° Fahrenheit and a maximum temperature of 160° Fahrenheit at all times in accordance with anticipated need resulting from the number of fixtures and use of the building.
The use of sidearm water heaters shall be prohibited.
All plumbing fixtures and equipment for the supply and drainage of running water shall be maintained so that the rate of flow shall be of sufficient volume and at pressures adequate to enable them to function properly. The pipes conveying the water shall be of sufficient size to provide the water required without undue pressure reduction and without undue noise under all normal conditions of use.
Every habitable room shall have at least one window or skylight or transparent or translucent panel facing the exterior of the premises directly or through an open porch into the room, equal in area to at least 8% of the floor area of such room.
Wherever walls or other portions of a structure or other opaque barriers face a window surface and are less than three feet distant from such window surface and where the projected plane of any such wall, surface or barrier shall obscure more than 1/2 of the window surface, then such shall not be included in the calculation as contributing to meet the minimum requirements hereof.
Every habitable room, bathroom, toilet room or enclosed kitchenette shall have a means of natural ventilation unless there is supplied some other device affording adequate ventilation and exchange of air. Natural ventilation as required hereunder shall be directly to the exterior through an opening of at least three square feet or through a porch having access and exposure to fresh air from the exterior. The total of operable window or skylight area in each such room shall be equal to at least 50% of the minimum window or skylight area required for natural light under § 146-15.1.
Every such window or skylight shall be equipped with the necessary hardware or other means so that it can be readily opened and closed by occupants from the interior of the dwelling space.
Where the required natural ventilation is not provided, there shall be ventilation by mechanical means, conforming to the following requirements:
Kitchens and kitchenettes shall be ventilated by mechanical means so as to exhaust at least two cubic feet of air per minute per square foot of floor area directly to the outdoors or by means of a properly installed and maintained electrically powered nonducted range hood equipped with an activated charcoal filter for the elimination of cooking odors;
For commercial kitchens, see N.J.A.C. 5:18-4.7(g);
Bathrooms and toilet rooms containing only one water closet or urinal shall be mechanically vented by an exhaust system that exhausts at least 50 cubic feet of air per minute. Means shall be provided for air ingress by louvers in the door, by undercutting the door or by transfer ducts, grilles or other openings.
Bathrooms and toilet rooms containing more than one water closet or urinal shall be mechanically vented by an independent exhaust system that exhausts at least 40 cubic feet of air per minute per water closet or urinal.
All replacement glazing shall conform to the applicable construction codes of the New Jersey Uniform Construction Code for glazing requirements for specific hazardous locations.
Any storage area available to or used by occupants in common areas shall have each space within the area separately designated for each unit of dwelling space, and a list identifying each such space shall be retained by the person in charge of the premises; or, if the space is used in common by occupants of more than one unit of dwelling space, then all items so stored shall bear the identification of the occupant storing the item or items.
The owner shall not permit unmarked items to be stored in a common storage area and shall have a procedure for notifying each tenant, in writing, before removal and disposal of the same.
Materials stored in such areas shall be secured against becoming sources of infestation and shall be protected against fire hazards caused by ignition from electrical or heating devices or equipment of similar possible sources of fire.
Common areas available for or utilized for storage purposes and public garages shall contain one sign at least one square foot in area, clearly legible and prominently displayed at or near the entrance to the space, prohibiting smoking in the area.
Storage in common areas shall not cover more than 80% of the overall floor area and not more than 60% of the cubic content of the storage area and shall be arranged so that there will be maintained, at all times, aisles at least three feet in width.
Storage shall not be permitted in attic spaces in garden apartments unless such spaces are designed for such purposes.
The owner shall first remove the doors of any refrigerators or other such equipment with exterior closing devices likely to be hazardous to children, if stored on the premises.
The owner shall provide and maintain mail receptacles for all occupants, conforming to all federal postal laws and regulations.
In multiple dwellings, there shall be identification by name and unit of dwelling space for each designated occupant, maintained by the person in charge of the premises or posted at or near the main entrance of the premises or in the lobby, lounge or mailroom area. Nothing herein shall be construed as requiring a directory for transient guests, provided that there is a responsible person on the premises designated by the owner, known to postal authorities, who shall on behalf of the owner receive and distribute or make available for pickup mail for transient guests.
Every unit of dwelling space in hotels and multiple dwellings shall have some permanent and legible identification by letter, number or other symbol at or near the front entrance thereof.
Floor signs designating the number of the floor shall be posted prominently and maintained permanently near to and visible from the entrance to the elevators and stairwells serving each floor.
The street number of the premises shall be posted prominently at the front entrance of the premises and be visible day and night from the public right-of-way adjoining the main front entrances of the premises.
The following provisions apply to hotels:
Entrance doors to dwelling unit, shall be equipped with a medium-duty dead-latching lockset (series 160, FF-H-106a, minimum, with a minimum 1 1/16 inch by 1/2 inch with one-half-inch-minimum throw latch bolt with automatic deadlocking plunger) or with a dead bolt separate from the latch set.
Such entrance doors shall also be equipped with either a viewing device installed on the designated main entrance door to the dwelling unit located so as to enable a person on the inside of the entrance door to view a person immediately outside or with a chain door guard so installed as to permit partial opening of the door.
All openable windows, sliding doors, basement windows and windows opening onto exterior stairways, fire escapes, porches, terraces, balconies or other areas affording easy access to the premises shall be equipped with a locking device of some kind.
Grilles lockable from the inside only may be placed on the inside or outside of windows only if the windows do not serve to provide access to exits.
The following provisions apply to multiple dwellings:
Every building entrance door or other exterior door permitting access to two or more units of dwelling space shall be equipped with heavy-duty dead-latching locksets (series 161, FF-H-106a, minimum, with a minimum 7/8 inch by 5/8 inch with one-half-inch-minimum throw latch bolt with automatic deadlocking plunger). Outside cylinders of main entrance door locks shall be operated by the tenant's key, which shall not be keyed to also open the tenant's dwelling unit entrance door.
All exit and exitway doors shall be freely openable from the inside at all times.
All exterior entrance doors to common basement, cellar or storage areas shall be self-closing and lockable.
All entrance doors to dwelling units shall be equipped with a medium-duty dead-latching lockset (Series 160, FF-H-106a, minimum, with a minimum 1 1/16 inch by 1/2 inch with one-half-inch-minimum throw latch bolt with automatic deadlocking plunger) or with a dead-bolt lock separate from the latch set.
All entrance doors to each dwelling unit shall be equipped with a chain door guard so as to permit partial opening of the door and a viewing device installed on the designated main entrance door to the dwelling unit, located so to enable a person on the inside of the entrance door to view a person immediately outside.
All openable windows, sliding doors, basement windows and windows opening onto exterior stairways, fire escapes, porches, terraces, balconies or other areas affording easy access to the premises shall be equipped with a locking device of some kind.
Grilles lockable from the inside only may be placed on the inside or outside of windows only if the windows do not serve to provide access to exits.
Every exterior entrance door leading to interior common areas which provide access to two or more interior dwelling unit entrance doors shall be a self-closing and self-locking door, shall be kept closed at all times except when in actual use and shall be equipped with a viewing device if it would not otherwise be possible to be a person seeking to enter without opening the door. In addition, the main entrance door shall be either attended at all times by a doorman or equipped with an electrically operated buzzer and latch-release system, individual exterior doorbells connected to each dwelling unit or an approved alternative security and entrance system. However, no building shall be equipped with an electrically operated latch-release system if such building is not also equipped with an intercommunication system allowing effective communication between a person in any dwelling unit and a person standing outside of the main entrance door.
When the main entrance to a building contains a vestibule with doors at both ends, only the inside set of doors must conform to the security requirements.
Buildings with fewer than six dwelling units shall not be required to have bells in every dwelling unit, provided that there is at least one exterior door-bell connected so as to ring at least one bell in the common areas which will be audible in all dwelling units.
Exposed hinges on building entrance doors and entrance doors to dwelling units are either to be removed and replaced with hinges which have nonremovable hinge pins or altered so that the door would be protected against being lifted from its hinges by pulling the hinge pin. (An acceptable alteration method to an existing door would be to remove two screws, opposite each other, from both leaves of the hinge, insert screw, steel pin or equivalent into jamb leaf, protruding 1/2 inch, drill out the opposite screw hole in the door. Do this in the top and bottom hinge of the door. When closed, the hinge pins may be removed, but the door will remain firmly in place.)
No cooking shall be permitted in any unit of dwelling space unless there is provision for the following minimum cooking and sanitary facilities:
A kitchen sink of nonabsorbent impervious material and drainboard of appropriate materials, connected to and having available at all times a supply of hot and cold water under sufficient pressure as required under § 146-14. The kitchen sink shall be connected to a sanitary disposal or sewer system.
Cooking and preparation of food shall be undertaken only in areas designated therefor.
Means of natural ventilation or mechanical ventilation sufficient to remove promptly cooking odors to the exterior of the premises without first circulating them within the interior habitable space of the unit.
Place for storage of food free from infestation.
Facilities for refrigeration in good operating condition for protection of food from spoilage permitting maintenance of temperatures for storage above 32° and below 50° without regard to outside temperature.
A cooking facility which, if electrical, is connected with safety to an electrical system of sufficient capacity or, if gas, connected by permanent fixtures and tubing to avoid leakage of gas. The use of gasoline stoves or other similar fuel-burning appliances using highly flammable liquids and the use of portable kerosene stoves or other similar fuel-burning portable appliances for cooking is prohibited;
Cabinets or drawers or other storage areas for utensils, dishes and other cooking and eating equipment;
Two floor or wall electrical outlets for electrical appliances.
Every unit of dwelling space shall contain the following minimum sanitary facilities:
A toilet equipped with a flushing mechanism.
A bathtub or shower or other complete bathing facility.
A wash basin in the toilet room or within close proximity thereto.
In dwelling units having more than one room available or used for sleeping purposes, each such room shall have accessible to it sanitary facilities directly from the room itself or through any common portion of the dwelling unit without requiring passage through the bedroom.
A complete second set of sanitary facilities shall be required for any unit of dwelling space with permissible occupancy of eight or more persons.
Each toilet and bathing facility shall be located in a separate room or rooms completely enclosed sides and top and shall provide privacy to the occupant thereof. Any such room shall be provided with:
Every bathroom and toilet room shall be of sufficient dimension to provide one-and-one-half-foot clearance in front of each fixture, including (but not limited to) toilet, lavatory, bathtub or shower.
Every toilet, including the toilet seat, wash basin, shower, bath and other plumbing or sanitary facility forming part of any toilet room or bathroom, shall be maintained in good operating condition at all times and shall be kept clean and free of material that might clog the same or impair its operation and shall drain into a sanitary sewer or other approved sanitary disposal system.
Occupants of rooming units shall either have the sanitary facilities required hereunder within the rooming unit or accessible to the rooming unit dwelling directly or by passage through a common hallway or passageway into which such rooming unit opens. Any such facility shall be located either on the same level or no more than one level below or above the rooming unit accessible through a stairway.
There shall be available at least one of each kind of sanitary facility located as provided herein for each group of rooming units with a permissible capacity of six persons and an additional set of each kind of sanitary facility for each additional multiple group of rooming units with a permissible capacity of eight persons or fraction thereof. For dwellings or structures utilized exclusively by male occupants, urinals flushed by running water may be substituted for no more than 1/2 of the required number of toilet facilities.
Any additional toilets over and above the initial toilet shall be located or partitioned separately from any other toilet required hereunder, and any additional bathing facility required hereunder shall be located separate from any other required bathing facility. There shall be no more than one of the required toilet facilities in the same room as any required bathing facility.
Rules on dormitories are outlined in the following table:
Basements and cellars may be used for dwelling space, provided that:
The entire area constituting the dwelling unit must comply with all requirements set forth in this chapter applicable to habitable rooms or areas and to all requirements set forth in N.J.A.C. 5:18 applicable to dwelling units in basements or stories below grade; and
The floors, ceiling and walls of each unit of dwelling space must be free of moisture.
No unemancipated minor shall occupy any unit of dwelling space not having as part thereof for the exclusive use of its occupants the sanitary facilities required under Article XX.
In all dwelling units other than rooming units, there shall be a minimum usable floor area for the initial occupant of 150 square feet and 100 square feet additional space for each additional occupant; provided, however, that children under the age of two shall not be considered additional occupants.
In rooming units used or intended to be used solely for transient occupancy, there shall be a minimum usable floor area of 50 square feet for each occupant; provided, however, that children under the age of six shall not be considered additional occupants.
In every rooming unit used or intended to be used for nontransient occupancy, there shall be a usable floor area of at least 80 square feet in every room occupied or intended to be occupied for sleeping purposes by one occupant and a usable floor area of at least 60 square feet per occupant in every room occupied or intended to be occupied for sleeping purposes by more than one occupant; provided, however, that children under the age of two shall not be considered to be additional occupants.
In every dwelling unit other than a rooming unit: every room occupied or intended to be occupied for sleeping purposes by one occupant shall have a minimum usable floor area of 70 square feet and every room occupied or intended to be occupied for sleeping purposes by more than one occupant shall have a usable floor area of at least 50 square feet for each such occupant; provided, however, that children under the age of two shall not be considered to be additional occupants.
Kitchens, bathrooms and toilet rooms shall not be used for sleeping purposes.
No room or space or portion of a room or space shall be considered habitable unless that room or space or portion of a room or space has a clear ceiling height of at least seven feet, zero inches.
Every hotel and multiple dwelling containing rooming units shall:
Maintain at all times a registry identifying the name of each occupant of each rooming unit, together with the principal residence address of each such occupant and the date upon which his occupancy of such rooming unit commenced, which registry shall be signed by the person renting the rooming unit.
Not have posted on any advertising sign or placed before the public in any advertising matter or information pertaining to such hotel or multiple dwelling any rates for accommodation in such hotel or multiple dwelling unless there are available therein, when vacant, accommodations for immediate occupancy at the advertised rate.
Have posted in a conspicuous place or manner in each rooming unit a statement of the range of rates charged by the hotel or multiple dwelling, including seasonal rates, and a legible printed copy of P.L. 1967, c. 95 (N.J.S.A. 29:4-5 et seq.).
The owner or operator of every hotel or dwelling space for which housekeeping services are provided shall:
Supply a fresh change of bed linen and towels, all of which shall be in good condition, at least once a week or when there is a change of occupancy of the unit;
Provide housekeeping and interior maintenance on a daily basis, if a hotel, or weekly basis if a rooming house, but under any circumstances each such unit shall be completely inspected and cleaned where the occupancy thereof is changed.
Driveways shall have two traffic lanes for their entire length, in addition to any parking space, except that a single lane may be used for short straight service driveways where two-way traffic is not anticipated.
Buildings, walls, fences, planting and other sight obstructions shall be so located and designed that a driver backing out of a garage, carport or parking space can see approaching traffic speed and volume.
Driveways and parking areas shall be maintained free of potholes or other unsafe or unsanitary conditions.
No parking will be permitted in approach drives to parking areas where such parking will obstruct ingress of fire-fighting equipment.
Any owner of a multiple dwelling with five or more dwelling units which provides parking to the occupants thereof and in which a handicapped person resides shall provide parking spaces for occupants who are handicapped located at the closest possible proximity to the principal accesses of the multiple dwelling.
A minimum of 1% of the total number of parking spaces provided for the occupants of the multiple dwelling, but not less than one parking space, shall be set aside as parking for the handicapped.
Each space or group of spaces shall be identified with a clearly visible sign displaying the International Symbol of Access along with the following words: "This space reserved for physically handicapped drivers."
Each reserved space shall be 12 feet wide to allow room for a person in a wheelchair or on braces or crutches to get in and out of either side of an automobile onto a level, paved surface suitable for wheeling and walking and shall be located so that a person in a wheelchair or using braces or crutches is not compelled to wheel or walk behind parked cars.
Where applicable, curb ramps shall be provided to permit a handicapped person access from the parking area to the sidewalk.
For purposes of this section, "handicapped" means a physical impairment which confines a person to a wheelchair; causes a person to walk with difficulty or insecurity; affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger; causes faulty coordination; or reduces mobility, flexibility, coordination and perceptiveness to the extent that facilities are needed to provide for the safety of that person.
In buildings where all dwelling units have been unoccupied for a period of 60 days or more, it shall be the duty of the owner to close all windows, doors and other openings with plywood or by other suitable means so that access into the buildings is prevented.
The provisions of Subsection A above shall not apply to:
Any building which is unoccupied because of a current alteration being performed under application and plan approved by the construction official having jurisdiction.
Any building which is unoccupied because of being used exclusively as a seasonal resort building.
Dormitories which are not normally in use during a portion of the calendar year.