§ 188-21. Definitions and word usage., Chapter 188. Property Maintenance, Part II. General Legislation, Code of Ordinances, Florham Park

The following terms, wherever used herein or referred to in this code, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context or where otherwise established by law:

ACCESSORY STRUCTURE: A subordinate use or building customarily incidental to the primary use, and located on the same lot with the main use or building.

ADMINISTRATIVE AUTHORITY: The department, branch or agency of this municipality which is authorized by the adopting ordinance to administer the provisions of this code.

APPROVED: Approved by the Property Maintenance Code Official.

BASEMENT: The portion of the building that is partly or completely below grade.

BATHROOM: Enclosed space containing one or more toilets, lavatories and bathtubs or showers or fixtures serving similar purposes.

BEDROOM: Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

BUILDING: Any structure or part thereof, whether used for human habitation or otherwise, and includes any accessory structure and appurtenances belonging thereto or usually enjoyed therewith.

CENTRAL HEATING: A heating system in a fire-resistant enclosed space or spaces, separate and apart from the area to be heated, which system is permanently affixed on a fireproof base in accordance with the building code and all other applicable codes of the Borough of Florham Park. Direct electric and/or gas heating systems without the use of a boiler, serving all dwelling units in a structure, are exempt from the above definition.

CODE OFFICIAL: The official who is charged with the administration and enforcement of this code, or any duly authorized representative.

COMMENCEMENT OF WORK: Any activity by the contractor, owner, or agent/operator of either, that begins the process of construction, demolition or excavation, which includes, but is not limited to, the use and storage of machinery and supplies on the subject site covered by a properly issued construction permit from the Borough of Florham Park Construction Official.

CONDEMN: To adjudge unfit for occupancy.

CONDOMINIUM ASSOCIATION: Any group of persons jointly owning a multifamily residential building or buildings and/or charged with the responsibility of providing services or maintenance for said buildings. (See the definition of "owner.")

CONSTRUCTION OFFICIAL OR ZONING OFFICIAL: The Construction Official, Zoning Official or Deputy Construction Official of the Borough of Florham Park or such other official as may be designated by said Construction Official with the concurrence of the Mayor and Borough Council.

CONSTRUCTION SITE: The real property identified in a construction or demolition permit issued by the Borough of Florham Park Construction Official or, in the event no such permits have been issued, the property identified on the Tax Map of the Borough of Florham Park where demolition, excavation or construction is occurring.

CONTRACTOR: The person or entity identified on the construction permit issued by the Borough of Florham Park Construction Official as the contractor of record for the subject project.

DWELLING: Any structure or building designed for or occupied exclusively for residential use including customary accessory buildings.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT: That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.

EXCAVATION: The digging and/or removal of soil or other material forming the surface grade of a construction site so as to leave a hole and/or cavity in the surface grade.

EXPOSED TO PUBLIC VIEW: Any premises or yard or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public from a sidewalk, street, alleyway, parking lot or from any adjoining or neighboring premises.

EXTERIOR OF THE PREMISES: Those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.

EXTERIOR PROPERTY: The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION: The control and elimination of insects, rodents and vermin and other undomesticated animals by elimination of their harboring places; by removing or making inaccessible material that may serve as their food; by poisoning, spraying, fumigating or trapping; or by other approved means of pest elimination.

FAMILY: One person, doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

FIRE CHIEF: The Fire Chief of the Borough of Florham Park.

GARAGE, PRIVATE: A building or part thereof accessory to a main building and providing for the storage of less than four automobiles, and in which no occupation or business is carried on.

GARAGE, PUBLIC OR STORAGE: A building or part thereof, other than a private garage, for the storage of motor vehicles and in which service station activities may be carried on.

GARBAGE: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

GUARD: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

HABITABLE ROOMS: Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, laundries, serving and storage pantries, corridors, foyers, vestibules, heater or boiler rooms, utility rooms and other rooms or spaces that have less than 50 square feet of net floor area.

HABITABLE SPACE: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

HOUSEKEEPING UNIT: A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at any time.

INFESTATION: The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests and/or undomesticated animals.

INOPERABLE MOTOR VEHICLE: A vehicle which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.

KITCHEN: Any room or part of a room used for cooking or the preparation of food using a permanently installed cooking device.

LABELED: Devices, equipment, appliances or materials to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.

LAVATORY: A wash bowl or basin with running water and drain connected appropriately.

LET FOR OCCUPANCY or LET: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

LOCAL HEALTH AGENCY: Any county, regional, municipal or other governmental agency organized for the purpose of providing health services, administered by a full-time health officer and conducting a public health program pursuant to law.

MULTIFAMILY DWELLING: As defined in the New Jersey Uniform Construction Code.

NUISANCE

(1)

Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Florham Park.

(2)

Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes but is not limited to abandoned wells, shafts, basements, excavations, refrigerators, motor vehicles, any structurally unsound fences or structures, building materials, trash, debris or vegetation such as poison ivy, oak or sumac, which may prove a hazard for inquisitive children.

(3)

Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where such conditions exist.

OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT

(1)

Any individual living or sleeping in a building, or having possession of a space within a building.

(2)

Any person living in or having possession or control of any dwelling, premises or structure.

OPENABLE AREA: That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER: Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as fiduciary, including but not limited to administrator, condominium association, guardian of the estate, receiver, trustee or as mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

PARTIES IN INTEREST: All individuals, associations and corporations who have interest of record in a building and any who are in actual possession thereof.

PERSON: An individual, corporation, partnership or any other group acting as a unit.

PLUMBING: All of the following supplies, facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines, water pipes and lines utilized in conjunction with air-conditioning equipment.

PREMISES: A lot, plot or parcel of land, easement or public way, including any structures thereon.

PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

REFUSE: All putrescible and nonputrescible solid wastes, except body wastes, including but not limited to garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes. (See also the definitions of "garbage" and "rubbish.")

REGISTERED MAIL: Registered mail or certified mail, return receipt requested.

ROOM: A space in an enclosed building, or space set apart by a partition or partitions, or any space in a building used or intended to be used as a bedroom, dining room, living room, kitchen, sewing room, library, computer room, den, music room, dressing room, enclosed sleeping porch, sunroom, party room, recreation room, family room, attic, breakfast room, study, storage room, home office or for similar uses.

ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RUBBISH: Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

SEWAGE: Waste from a flush toilet, bathtub, sink, lavatory, dish washing or installed clothes-washing machine, or the water-carried waste from any other fixture or equipment or machinery.

SLEEPING UNIT: A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

STRICT LIABILITY OFFENSE: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

STRUCTURE: Anything constructed or erected which requires location above, below or on the ground or attached to something having location above, below or on the ground, including signs and billboards, fences or walls used as fences.

TENANT: A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TOILET ROOM: A room containing a water closet or urinal but not a bathtub or shower.

USE: The purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.

UTILITIES: Includes electric, gas or oil, water and sewerage, cable and telephone services.

VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

WORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

YARD: All ground, lawn, court, walk, driveway or other open space constituting the remaining part of the same premises with a building. An open space on the same lot with a structure.