N.B. bolsters codes for sale of homes
Occupancy standards made more lenient for current residents
BY JENNIFER AMATO
Staff Writer

In an effort to apply safer living conditions without dislocating established North Brunswick families, the Township Council has revised two code enforcement ordinances affecting living spaces and occupancy standards in homes.

The new sections regarding occupancy and rental of property, which were adopted Monday, are based on existing regulations that were deemed too stringent and were affecting residents who were following what they thought were the correct procedures.

"There are a lot of people who are living absolutely legally and appropriately in their homes who technically fall in violation of the ordinances that were originally drawn, and that was certainly not our intention," said Mayor Francis "Mac" Womack. "We want to address overcrowding and approved work in homes without potentially displacing or aggravating residents who are doing absolutely nothing wrong."

The revisions state that no multifamily units or habitable spaces in an attic or basement that are used for sleeping purposes can be sold or transferred without first obtaining a Certificate of Compliance from the Department of Community Development. The new aspect is that this ordinance has a broader applicability, addressing houses other than just rental units.

According to the regulations, any new purchaser must certify that he or she is aware of restrictions regarding the legal number of units in a building, the legal number of occupants in each dwelling unit, the legal number of occupants in each bedroom and the legality of sleeping areas in a basement or attic. The purchaser must obtain and sign a copy of the certificate.

Real estate agents who are involved with such sales are also included and must ensure that the purchaser complies with the conditions prior to receiving the title and ownership documents. The ordinance states that the township has the discretion of reporting any real estate licensee who violates the requirements to the New Jersey Real Estate Commission.

"It is important that when a house is sold, the real estate agent understands what our laws are so they can properly relate them to the purchaser," Womack said.

According to Township Attorney Ron Gordon, who addressed the issue at the April 30 council workshop meeting, any time there is a sale, the purchaser is obligated to comply with all regulations, and whether or not the Realtor is from North Brunswick or out of town, they must also adhere to the standards. He said the township will not permit the closing of a house unless the town has signed off first.

The ordinance also sets forth codes and regulations for minimum square footage requirements. Every dwelling must have a minimum gross floor area of 175 square feet for the first occupant and 125 square feet for each additional occupant. Sleeping areas must have 70 square feet for one person, but rooms accompanied by two or more people must have 50 square feet of space for each person. Children under the age of 3 are not considered additional occupants.

In addition, every bedroom must have access to at least one toilet and one bathroom without passing through another bedroom.

In regard to other occupancy requirements, living and dining areas must have 100 square feet of space for three people and 25 additional square feet for every additional person. The kitchen area can be 50 square feet for up to three people but four or more people require an additional 20 feet of square footage. Kitchens and nonhabitable spaces cannot be used as sleeping areas.

Also, ceiling heights must not be less than 7 feet from the finished floor to the lowest projection from the ceiling. In general, basement or attic spaces that are used for habitation and sleeping must be 6 feet 8 inches. Also, no more than 50 percent of the floor area is allowed to have a sloped ceiling less than the set minimum heights.

In regards to emergency escapes, basements with habitable spaces used for sleeping purposes must have emergency and rescue openings of at least 5.7 square feet. Any food preparation areas must have adequate spaces to store, prepare, serve and dispose of foods properly.

Violators are subject to a reinspection twice a year for three years and will be charged a fee of $150 for each reinspection, basically to cover inspection costs. Fines can range up to $2,000 for each penalty.

Thus far, Womack said the most common violations have been overcrowding situations and living in basements with inadequate space. He said the new revisions, and the ordinance package as a whole, will serve as tools to help fine-tune the unsafe living conditions in town.