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Home My Public Portal AboutOrd. 06-29 No. 06-29 <IDr ùimuttc af f~c ~araug~ af QIarfcrd, + JJ+ Councilman Presents the folJowing Ordinance Seconded by Councilman AN ORDINANCE AMENDING AND SUPPLEMENTI G SECTION 160-119.1, ENTITLED "CERTIFCATE OF CONTINUED USE OCCUPANCY," OF CHAPTER 160, ENTITLED "LAND DEVELOP ENT" OF THE CODE OF THE BOROUGH OF CAR ERET BE IT ORDAINED by the Mayor and Council of the Borou 160, entitled "LAND DEVELOPMENT," of the Code oftbe hereby amended and supplemented as follows. of Carteret that Chapter orough of Carteret is Section 1. Section 160-119.1, entitled "Certificate of cont TIued use or occupancy," is hereby deleted in its entirety and replaced with the following. 160-119.1. Municipal certificate of occupan y. Fire/smoke detector/fire extinguisher. A. Municipal Certificate of Occupancy re uired for all uses. (1) Change of occupancy and/or tit requested required. (a) Continued certificates 0 occupancy are required upon change of occupan y of all real property in the borough. It shall be e responsibility of the Zoning Officer to receiv and review applications for continued certificate of occupancy. The Zoning Officer, after hi review of the application and an inspection of the remises for all violations of all codes and the fall wing State of New Jersey requirements and a dete ination from the records of the borough that the xisting use is a pennitted use as set forth, shall iss e the continued certificate of occupancy. The boro gh sball charge a fee for such application as spec tied by ordinance. (2) Change oftenancy of commerc aI, industrial and office usages. (a) Continued certificates 0 occupancy are required upon a change of tenan of commercial, industrial and office usages in the orough. It shall be the responsibility ofthe 20 iog Officer to receive and review such application . The review shall include, but not be limited to, a escription of the proposed use, the hours of operati n, the number of employees, the parking equirements, the nature of deliveries or shipments, etc.. (b) A certificate of occupa y shall not be issued for a change of tenancy until he new tenant has registered with the Fire revention Bureau and has met the requirements 0 the New Jersey UnifonTI Fire Code. NO. nh_?Q PAGE 2 (c) No building or structure hall be occupied or used in whole or in part unles and until a certificate of occupancy has been issu d by the Zoning Officer. The Zoning Officer shal not issue such certificate unless he detennines, aft r inspection, that there are no violations of any appl cable laws, ordinances or orders pending at the tim of issuing the certificate. B, Definitions, (1) PORTABLE FIRE EXTTNGUI HER- anoperable portable device, carried and ope ated by hand, containing an extinguishing agent that can e expelled under pressure for the purpose of suppressing 0 extinguishing fire, and which is: (a) Listed, labeled, char d and operable; (b) No smaller tha a 2 Yz ound or larger than a IO· pound rated extingui her; ( c) Rated for residential se consisting of an ABC type; (d) On hangers, or in bra kets supplied by the manufacturer; (e) Within 10 feet of the itchen area, unless otherwise pennitted y an enforcing agency; (f) Located with the top fthe extinguisher not more than five feet ( .53 meters) above the floor; (g) Visible and in a read' y accessible spot, free from blocking by fu iture, storage, equipment and other items; (h) Near a room exit or t avel way that provides an escape route to the e terior; (i) Accompanies by an wner's manual or written infonnation regardin the operation, inspection and maintenance oft e extinguisher; and (j) Installed so the oper iog instructions shall be clearly visible, C. Requirements. (1) A structure used or intended to e used for residential purposes by not more than two ouseholds shall have a smoke-sensitive alarm device 0 each level of the structure, If the structure contai s a fuel-burning appliance of any type, a carbon monoxide etector is also required. If both are required, a smoke de ctor and carbon monoxide detector shall be loca d outside each separate sleeping area in the immediate v cinity of the bedrooms, in accordance with N.J.S.A. 52:27 -192 and NJ.A.C. 5:70- 2.3 et seC!. Smoke detectors and carbon monoxide detectors must be located in acc rdance with the NFP A Standard listed in N.J.A,C. 5:70 nd maintained in good working order. NO. 06-29 PAGE 3 (2) Each structure shall also be equi ped with at least one portable fire extinguisher in conD l111ance with the rules and regulations promulgated by t e Commissioner of Community Affairs pursuant to t e "Administrative Procedure Act," P.L. 1968, c.41O (C.52:14B-I et sea.). (3) Smoke and carbon monoxide det ction devices and fire extinguishers, as required by this ection, shall be in compliance with the standards of he approved rating organization and shall be capable of being maintained by the person responsible for the oc paney ofthe residential dwelling unit. The detectors shal consist of an assembly incorporating the detector, contro equipment and the alann-sounding device in one uni . The detectors may be battery powered or electrically c ected to the main panel box with battery back-up and sha I be listed in accordance with ANSIlUL 217 listed in N.J. .c. 5:70. Two or more single-station smoke detector an carbon monoxide assemblies may be interconnecte so that the activation of one causes all integral or separat audible alanns to operate. Nothing in this section all be constructed to prohibit the installation of more mplex smoke or carbon monoxide detection devices. Th fire extinguisher must contain an extinguishing agent th t can be expelled under pressure for the purpose of suppr ssing or extinguishing fire, and which is (1) rated for re . dential use consisting of an ABC type; (2) no larger than 10 pound rated extinguisher; and (3) mounted wi in 10 feet of the kitchen area, unless othenvise permitted y the enforcing agency. D. Fee schedule (including fee as perN.J.A .5:70-2.3). Unit Single Family Two Family Three family or larger Mixed Commercial and/or Residential LI, HIA & HID 0-25,000 sq. ft. Non-Residential 25,000 - 50,000 sq. fi. Non-Residential 50,000 sq. ft. or more Temporary CO or Extension - Residenti I Conunerc' Industrial Fee 75.00 100.00 250.00 250.00 500.00 750.00 1000.00 50.00 100.00 250.00 E. Denial of certificate. In the event that the Zoning Officer denies issuance of a certificate of continued occ pancy, said denial shall be prepared in writing, outlining the basi of determination for said denia1. A copy of the denial shall be fonvarded to the applicant. The appeal of a denial is to th Zoning Board of Adjustment. · NO 06-29_ PAGE 4 F. Maintenance of records. A record of al certificates shall be kept on file by the Zoning Officer, and cop es shall be furnished to any person having a proprietary or terranc interest in the building or site in question. Section 2. Chapter 101, entitled "CERTIFICATES OF (CCUPANCY", shall be deleted in its entirety. Section 3. Paragraph 160-4C(4) of Section 160-4, entitl< "Required permits and approvals," shall be deleted in its entirety wit the remaining Paragraphs 160-4C(5) and (6) being renumbered accordi gly. Section 4. All Ordinances or parts thereof inconsistent" ith the provision of this Ordinance are hereby repealed limited to the extent of any such inconsistency. Section 5. If any section, paragraph, sub-division, claus or provision of this Ordinance is adjudged invalid, such adjudica ion shall apply only to the section, paragraph, sub-division, claus or provision so adjudged and the remainder of this ordinancf shall be deemed valid and effective. Section 5. This Ordinance shall take effect upon passag and publication according to law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOT I COUNCILMAN YES NO NV A.B. COUNCH IAN YES NO NY A.B. BELLIIV X X I DIAZ X DTn< X KRUM X X X. Indicate Vott AB _ Absent NV - Not Voting XOR - I dicates Vote \0 Overrule Veto Adopted on fJrSt reading of ¡he Council of the Borough ofCarteret, N.J. on AdOP"dO","/d;"<L2fte'-;"~ M"v I. ?()() < ,yT/. -' 7 ~:P~~-t:7(;7 MAYO( A¿ April 6 , 2006 7 --- ,-' MUNICIPAL C~1tl'(' r>. ~ÁM C