Last month I discussed the New Jersey requirements for the interior maintenance of multiple dwellings. This month I will tell you about some general maintenance provisions as well as the exterior maintenance requirements.
The New Jersey Administrative Code provides the Department of Community affairs (DCA) with enforcement powers over Title 5, Chapter 10 entitled Maintenance of Hotels and Multiple Dwellings. Subchapter 6 provides the "code" standards for the maintenance of unit exteriors. This is great information to review if you are subject to DCA inspections or need to apply for a "Green Card" for your building. The Code provides as follows:
SUBCHAPTER 6. GENERAL MAINTENANCE
5:10-6.1 Elimination of hazards
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.
5:10-6.2 Nuisances
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 nui-sance that is harmful or potentially harmful to-the health and well-being of persons of ordinary sensitivity occupying or using the premises.
5:10-6.3 Maintenance of dwelling units
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.
5:10-6A Maintenance of exterior
- The exterior of the premises and all structures there-on shall be kept free of all nuisances, insanitary (sic) 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 failing on persons in the vicinity thereof;
- Holes, excavations, breaks, projections, obstructions, litter, icy conditions, uncleared (sic) snow and excretion of pets and other animals on paths, driveways, parking lots and parking areas and other parts of the premises. Holes and excavations shall be filled and re-paired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or insanitary (sic) conditions with reasonable dispatch upon their dis-covery.
- 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 storm water on the premises without causing excessive accumulations of water on adjoining properties:
- Parts of the premises regularly used by the occupants shall drain within 1 hour of the termination of any storm creating surface waters;
- Other parts of the premises not covered under paragraph 1 of this subsection shall drain within 6 hours of cessation of any such storm.
5:10-6.5 Outdoor Pools
Outdoor swimming pools, decorative pools, reflecting pools and artificial fish ponds which contain 24 inches of 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 hand holds of foot holds, of materials which are impenetrable by toddlers, and shall be at east 4 feet I height and equipped with a self closing and self latching closure mechanism not more that 6 inches below the top of the gate and provided with hardware with permanent locking.
Forewarned is forearmed. Knowing these requirements before your building and property is inspected will reduce the surprises one can usually expect when the DCA inspector hands you the report.
For further information on this title please contact Bruce E. Gudin, Esq.
Telephone: 973-643-0040 x-104
E-mail: Bruce@LEP-Lawyers.com
