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the proposed use are in conformity with the provisions of this chapter and of all other applicable ordinances. It shall be the duty of the Construction Official and Zoning Officer to issue a Certificate of Occupancy or use within ten (10) days after a written request for the same shall be filed in his/her office by the owner or agent, after having determined that the building or structure, premises, lot or land and the proposed use conform with this chapter and all other applicable ordinances. 2. No Certificate of Occupancy shall be issued unless the Township Engineer shall certify, where applicable, that all construction improvements have been installed pursuant to the plans as filed with the Construction Official and Zoning Officer. 3. A Certificate of Occupancy or Use shall be similarly applied for in the name of the owner, in the case of any building, structure, or premises, lot or land proposed to be put into use pursuant to any variance of the provisions of this chapter granted by the Board of Adjustment or by the Planning Board. Such certificate, when issued by the Construction Official and Zoning Officer, shall include a detailed description of the variance. 4. Upon written application of the owner or agent, the Construction Official shall issue a Certificate of Occupancy or use for any building or structure, premises, lot or land existing and in use on the effective date of this chapter, provided that he shall find that the use of such building or structure, premises, lot or land is in conformity with the provisions of this chapter and of all other applicable ordinances. 5. Upon written application, the Construction Official is empowered to issue limited and conditional Certificates of Occupancy for nonconforming buildings or structures accessory and incident to building construction or public works projects or to the holding of public, Editor's Note: See also Certificate of Occupancy for Central Business District, subsection 25-24.3. * 206

DRAFT PROPOSED REVISIONS – OCTOBER 2011 civic or charitable entertainments or exhibition for profit or nonprofit sponsored under public or private auspices; provided that no certificate shall cover a period exceeding six (6) months; and further provided that the certificate shall prescribe such reasonable conditions as will properly protect the public health, safety, morals and general welfare of the neighborhood in which such structure is situated. 6. The Construction Official shall require from the Planning Board a written order before issuing a Certificate of Occupancy or Use in cases involving a conditional use pursuant to paragraph b. of this subsection or a variance from the provisions of this chapter pursuant to subsection 25-24.2. 7. Reserved. 8. Prior to the issuance of a building permit or Certificate of Occupancy for any permitted or nonconforming use, the applicant shall apply for any required approvals from the Planning Board or Board of Adjustment, such as site plan or variance approval to the board having the proper jurisdiction. Any one (1) or two (2) family dwellings located in a residential district which do not require any bulk variances shall be exempt. Comment [PG92]: clarified intent 9. Fees. Any person requesting a Certificate of Occupancy shall pay a fee of fifty ($50.00) dollars per dwelling unit for the inspection. c. Environmental Impact Permits shall be issued pursuant to Section 25-13. d. Certificate of Continued Occupancy. 1. Prior to the sale or rental of any existing residential structure containing one (1) unit or more, a Certificate of Continued Occupancy must be obtained which shall be issued by the Construction Official or designated agency or department provided with the authority to grant and issue such certificates. The application of such permit shall be made by the owner of record and shall comply with such administrative provisions as required by the Construction Official in accordance with N.J.A.C. 52:27D-198.1. The Certificate of Continued Occupancy shall be proof that the structure in question complies with all health and safety codes of the Township and State

with N.J.A.C. 52:27D-198.1. The Certificate of Continued Occupancy shall be proof that the structure in question complies with all health and safety codes of the Township and State of New Jersey, that it is in compliance with all fire safety requirements as set forth in Chapter 18, Section 3 of the Township Code, and that it is in compliance with the Land Use Regulations of the Township or is considered a legal nonconforming use. 2. Prior to the sale or change in occupancy of any unit in an existing commercial structure, a Certificate of Continued Occupancy shall be issued by the Construction Official. The application of such permit shall be made by the owner of record and shall comply with such administrative provisions as required by the Construction Official. The Certificate of Continued Occupancy shall be proof that the structure in question complies with all health and safety codes of the Township and State of New Jersey that it is in compliance with all fire safety requirements as set forth in Section 40.3 of this Chapter of the Township Code, and that it is in compliance with the Land Use Regulations of the Township or is considered a legal nonconforming use. 3. The Certificate of Continued Occupancy shall state the maximum number of persons that may lawfully occupy the premised covered by the certificate. The occupancy number must match the documentation submitted. 4. The fee for requesting the issuance of a Certificate of Continued Occupancy shall be as follows: Single Unit Residential Dwelling $100.00 Two (2) Unit Residential Dwelling $150.00 Three (3) Unit Residential Dwelling $200.00 Four (4) Unit Residential Dwelling $250.00 207

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Five (5) Unit Residential Dwelling $300.00 Six (6) Unit Residential Dwelling $350.00 Sale or Change in Occupancy of Commercial Space $100.00 per unit up to 1,000 square feet or $0.10 per square foot for 1,001 square feet to 5,000 square feet or $0.15 per square foot for 5,001 square feet and up. Re-inspection fee $50.00 5. It shall be the responsibility of the Tax Assessor of the Township to advise individuals requesting tax assessment searches that a Certificate of Continued Occupancy is required in connection with the sale of any single unit residential dwelling, any sale or change in occupancy of any residential structure containing one (1) or more units or any change in occupancy of any existing commercial unit. 6. Any person seeking a determination from the Construction Official that a Certificate of Continued Occupancy is not required prior to the sale of any existing building, dwelling unit or residence shall pay to the Township a fee of twenty-five ($25.00) dollars for such determination. 7. Notwithstanding anything to the contrary herein, anyone who obtains title or held an ownership interest without first obtaining a Certificate of Continued Occupancy shall be fully responsible and liable under this ordinance. 8. To the extent that an owner fails to obtain a Certificate of Continued Occupancy and closes title, the owner shall remain liable for a separate violation on each day until a Certificate of Continued Occupancy is issued. This continuing violation for each and every day shall be consistent with Section 25-59b. 9. Any person who serves as an agent, employee or representative of any party to a real estate transaction, including but not limited to any licensed

e consistent with Section 25-59b. 9. Any person who serves as an agent, employee or representative of any party to a real estate transaction, including but not limited to any licensed real estate broker, attorneys for seller, buyer, and/or lender may be found liable for a violation hereunder and punished to the full extent of the law. 10. Upon inspection of any building, premises, apartment or any other dwelling unit, the construction official, upon finding that the dwelling unit contains only minor violations of this chapter which are not related to the health, safety and welfare of a prospective tenant so as to prohibit occupation of the tenant, may allow a temporary certificate of continued occupancy to be issued which shall be conditioned upon the property owner's, landlord's or tenant's complying with the provisions of this chapter and the Uniform Construction Code within a reasonable period of time not to exceed 30 days or as per the construction official in writing from the issuance. A permanent Certificate of Continued Occupancy, when all requirements are met within the given time period, shall have no additional fee. 25-40.3 Requirement for Installation and Maintenance of Smoke –Sensitive Alarm Devices and Portable Fire Extinguishers in All Dwelling Units. a. Definitions. Whenever the following terms are used in this section, they shall have the meanings respectively ascribed to them by this section as follows: 208

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Approved Rating Organization shall mean any of the following: Underwriters Testing Laboratories (UL), Factory Mutual Research Corporation, National Bureau of Standards or National Fire Protection Association Standard Number 72 - 1996 Edition, National Fire Alarm Code. Carbon monoxide alarm shall mean an instrument approved by an Approved Rating Organization for the detection of carbon monoxide. Dwelling unit(s) shall mean any building, structure or portion thereof including but not limited to single and two-family residences. Enforcing agency shall mean the municipal department or agency which has been authorized to enforce provision of this section. Fire official shall mean the Fire Code Official of the Township who is employed to enforce the Uniform Fire Safety Act. Portable fire extinguisher shall mean an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency. Seasonal rental unit shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed. Smoke sensitive alarm device shall mean an instrument approved by an Approved Rating Organization for detection of combustion produced by burning or smoldering materials. b. Smoke-Sensitive Alarm Devices 1. A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm devise on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household

the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety. 2. When it is necessary to install the smoke detector on the wall, it shall be installed with the top edge of the detector between four (4) and twelve (12) inches from the ceiling. 3. In buildings of more than two households which are not required to comply with the requirements set forth in 18-3.3(a)(1), Smoke-sensitive alarm devices shall be installed at the highest point in every stairway and a least one (1) on every floor. 4. This section does not amend or alter requirements of the New Jersey Uniform Fire Safety Code and Building Code for installation and maintenance of Smoke-sensitive alarm devices in the common areas of multiple family dwellings. 5. All Smoke-sensitive alarm devices required hereunder shall bear a seal, tested and listed by an Approved Rating Organization and shall comply in design to all applicable State, Federal or industrial requirements. c. Portable Fire Extinguishers 209

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the “Administrative Procedures Act.” d. Requirement for Installation and Maintenance of Carbon Monoxide Alarms in All Dwelling Units. Carbon monoxide alarms shall be installed in all dwelling units within the Township of West Orange except for those dwelling units that do not contain any fuel-burning appliances and that do not have an attached garage. The carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s) within the dwelling units. Carbon monoxide alarms may be battery operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of N.J.A.C. 5:70-4.19, NFPA-720, and the Uniform Fire Code of New Jersey. e. Enforcement. Enforcement of this section shall be performed by either the Fire Official, the Construction Official or the Zoning Official who shall all qualify as enforcing agencies. f. Audible Signal. Upon activation, all smoke-sensitive alarm devises and carbon monoxide alarms shall provide an audible alarm, which is to be distributed and have such character so that they can be heard in all rooms of the dwelling unit with its doors closed. The audible signals shall be distinctive from other audible signaling devices that may be used for other purposes in a dwelling unit. Smoke-sensitive alarm devises and carbon monoxide alarms shall be designed for and shall be capable of self- restoration or manual restoration to normal conditions for operation. No provisions shall be made for deactivation of the audible alarms other than by reactivation of the system. g. Responsibility of Owner. The owner of any structure shall be responsible for the maintenance and replacement of the smoke-sensitive alarm devise(s) and carbon monoxide alarm(s) required by this section. However, the tenant shall be responsible for the periodic testing of the smoke-sensitive alarm devise(s) and carbon monoxide alarm(s) to insure that they are operational during the term of such tenancy. In the event of any defective

nsible for the periodic testing of the smoke-sensitive alarm devise(s) and carbon monoxide alarm(s) to insure that they are operational during the term of such tenancy. In the event of any defective smoke-sensitive alarm devise or carbon monoxide alarm, the tenant shall notify the owner within twenty-four (24) hours. Each owner shall thereafter be responsible to repair or replace the defective smoke-sensitive alarm devise or carbon monoxide alarm within five (5) days of being notified that same is defective. Failure to correct the defective smoke-sensitive alarm devise or carbon monoxide alarm within five (5) days after notification shall constitute a violation of this section. 25-40.4 Completion of Existing Buildings. a. This chapter or any amendment thereto shall not affect any building or its designated use under the following series of conditions and circumstances: 1. Complete plans for the building legally filed prior to the adoption of the N.J. Uniform Building Code or any amendment thereto affecting such building or the use thereof. 2. Actual construction begun within ninety (90) days after the building permit was issued. 3. Structural framework completed within six (6) months after the Building Permit was issued. 4. Entire building completed according to the filed plans within two (2) years after the Building Permit was issued. 210

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. If a projected building is situated in a district which is hereafter changed by amendment to the zoning map, the provisions of paragraph a. above shall apply to such building. (Ord. No. 904-88 § 25-7.3) 25-40.5 Enforcement. a. Enforcement Officer. The Construction Official is hereby designated the Enforcement Officer under this section. b. Compliance. The Construction Official shall withhold issuing a Certificate of Occupancy for any project which is not in full compliance with this section as approved by the Township Engineer or his/her designated representative. c. Review. A determination to withhold the Certificate of Occupancy, under paragraph b. above shall be made after a review of the plans and specifications on file with the Construction Official and an on-site inspection by the Construction Official or his/her designated representative. d. Within the Division of Inspections in the Department of Planning and Development, there is created the office of Zoning Officer. The Planning Director shall have the ability to appoint and/or designate the party who shall fill the office of Zoning Officer. The person filling the office of Zoning Officer may also perform other duties such as Construction Official within the Division of Inspections. 1. Duties of the Zoning Officer. (a) It shall be the duty of the Zoning Officer to enforce the provisions of this chapter and Chapter XIV, and in no case, except under a written order of the Board of Adjustment or the Township Council, as prescribed by Statute, shall any building permit be issued for the erection or structural alteration of any building or land where the proposed erection, structural alteration of any building or land or use thereof would be in violation of any provision of this chapter. Should the Zoning Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the zoning map, and so as the propriety to issuing a building permit or Certificate of Occupancy or Use in a particular case, he/she shall appeal the matter to the Zoning Board of Adjustment.