New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 2 - DEFINITIONS › Section 5:10-2.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Act", See "Law or Act" of this section.
"Adjoining grade elevation" means the average elevation of the
				  final grade adjoining all exterior walls of a building, calculated from grade
				  elevations taken at intervals of 10 feet around the perimeter of the
				  building.
"Alteration", as applied to a building or structure, means a
				  change or rearrangement in the structural parts or in the egress facilities of any
				  such building or structure, or any enlargement thereof, whether by extension on any
				  side or by any increase in height, or the moving of such building or structure from
				  one location or position to another.
"ANSI" means the American National Standards Institute,
				  Inc.
"Approved" means approved by the Bureau of Housing Inspection or
				  its duly authorized representative.
"Architect" means a person registered to practice the profession
				  of architecture under the laws of the State of New Jersey.
"ASHRAE" means the American Society of Heating, Refrigerating and
				  Air-Conditioning Engineers.
"Attic" means the space between the ceiling beams of the top story
				  and the roof rafters.
"Basement" means that portion of a building which is partly below
				  and partly above grade, and has at least one half its ceiling height above
				  grade.
"Basin" means a plumbing fixture located in a bathroom or in close
				  proximity thereto and used exclusively for sanitation operations.
"Bathroom" means any enclosed space containing one or more
				  bathtubs, or showers, or both, and which also may contain water closets, lavatories
				  or fixtures serving similar purposes.
"Board" means the Hotel and Multiple Dwelling Health and Safety
				  Board. (See 55:13A-3(c).)
"Building" means a structure built, erected and framed of
				  component structural parts designed for the housing, shelter, enclosure and support
				  of individuals, animals or property of any kind which is enclosed within exterior
				  walls on all sides.
"Bureau" means the Bureau of Housing Inspection. (See
				  55:13A-3(d).)
"Ceiling height" means vertical distance between the finished
				  floor and the finished ceiling.
"Cellar" means that portion of a building which is partly or
				  completely below grade, and has more than one-half its ceiling height below
				  grade.
"Central heating" means the provision of heat throughout a
				  building by means of one or more heating units or furnaces centrally located in a
				  building, rather than by means of individual heating units or furnaces located in
				  some or all of the units of dwelling space in said building.
"Child-protection window guard" or "window guard" means a bar,
				  screen or grille assembly designed to be installed in a window for the purpose of
				  preventing accidental fall or ejection of a child through the window.
"Chimney" means a vertical enclosure containing one or more flues
				  used to remove hot gases from burning fuel, refuse, or from industrial
				  processes.
"Commissioner" means the Commissioner of the Department of
				  Community Affairs, New Jersey or his duly authorized representative.
"Common area" means all areas accessible to, and which may be
				  utilized by either occupants of a building or the general public, or both,
				  including, but not limited to, vestibules, hallways, stairways, landings and common
				  space and occupiable room or space, as hereinafter defined, which is not part of any
				  dwelling unit. This definition shall also mean and include any area accessible to
				  the owner or manager or any person employed in the maintenance of the building which
				  is not part of any dwelling unit.
"Concurrent loads" means two or more elements of dead or live load
				  that, for purposes of design, are considered to act simultaneously.
"Condominium" means the form of ownership of real property under a
				  master deed providing for ownership by one or more owners of units, together with an
				  undivided interest in common elements appurtenant to each such unit. (See
				  46:8B-3 and
				  55:13A-3(q).)
"Construction" means any or all work or operations necessary or
				  incidental to the erection, demolition, assembling, installing, or equipping of
				  buildings, or any alterations and operations incidental thereto. The term
				  "construction" shall include land clearing, grading, excavating and filling. It
				  shall also mean the finished product of any such work or operations.
"Cooperative" means a housing corporation or association which
				  entitles the holder of a share or membership interest thereof to possess and occupy
				  for dwelling purposes a house, apartment or other structure owned or leased by said
				  corporation or association, or to lease or purchase a dwelling constructed or to be
				  constructed by said corporation or association. (See
				  55:13A-3(r).)
"Corridor" means an enclosed passage providing a means of access
				  from rooms or spaces to an exit.
"Court" means an open, uncovered, and unoccupied space on the same
				  lot with a building.
"Crawl space" means an unoccupiable area in a building not more
				  than 48 inches in height.
"Dead-end" means a portion of a corridor in which the travel to an
				  exit is in one direction only.
"Demolition" means the dismantling or razing of all or part of a
				  building, including operations incidental thereto.
"Department" means the Department of Community Affairs, State of
				  New Jersey.
"Design winter conditions" means the design temperature at the
				  nearest locality reported in the latest edition of the Handbook of the American
				  Engineers Society of Heating, Refrigeration and Air Conditioning Engineers
				  (ASHRAE).
"Deterioration" means decay, damage, loss of material or ability
				  to function as intended caused by exposure to the elements.
"Director" means the Director of the Division of Codes and
				  Standards.
"Drainage system" means all the piping within public or private
				  premises, which conveys sewage, rain water, or other liquid wastes to a legal point
				  of disposal, but shall not include the mains of public sewer system or private or
				  public sewage-treatment or disposal plant.
"Duct (Ventilation)" means a pipe, tube, shaft, conduit, or an
				  enclosed space within a wall or structure, used for conveying air.
"Dumbwaiter" means a hoisting and lowering mechanism equipped with
				  a car that moves in guides in a substantially vertical direction, the floor area of
				  which does not exceed nine square feet, whose total inside height, whether or not
				  provided with fixed or movable shelves does not exceed four feet, the capacity of
				  which does not exceed 500 pounds and that is used exclusively for carrying
				  materials.
"Dwelling space". (See
				  5:10-2.2, definition of "Unit of
				  dwelling space".)
"Dwelling unit" means a room or rooms, or suite or apartment, that
				  is occupied or intended to be occupied for sleeping or dwelling purposes by one or
				  more persons. (See
				  55:13A-3(h).)
"Egress or means of egress" means a path by which ambulatory
				  persons can travel safely and without assistance from a unit of dwelling space,
				  dwelling unit or rooming unit along a continuous and unobstructed line to an
				  exterior open area.
"Electrically supervised", as applied to a control circuit, means
				  that in the event of interruption of the current supply or in the event of a break
				  in the circuit, a specific signal will be given.
"Elevator" means a hoisting and lowering mechanism equipped with a
				  car or platform that moves in guides in a substantially vertical direction, and that
				  serves two or more floors of a building.
"Emancipated minor" means any person under the age of 18 who is
				  gainfully employed and who is self-supporting or who is married to a spouse who is
				  gainfully employed and who supports the said minor, or who is a student living away
				  from home and in regular attendance in an institution of higher learning.
"Engineer" means a person licensed to practice the profession of
				  engineering under the law of the State of New Jersey.
"Exit" means a means of egress from the interior of a building to
				  an open exterior space, including any or all of the following: door openings,
				  enclosed vertical exits, grade passageways, horizontal exits, exterior stairs, or
				  fire escapes; but not including access stairs, aisles, corridor doors or
				  corridors.
"Expected to reside" means there is actual knowledge that a child
				  will reside in a dwelling unit reserved for the elderly or designated exclusively
				  for persons with disabilities. If a resident woman is known to be pregnant, there is
				  actual knowledge that a child will reside in the dwelling unit.
"Extermination" means the process of controlling and eliminating
				  of insects, rodents or other pests by eliminating their harborage places, by
				  removing or making inaccessible materials that may serve as their food, by
				  poisoning, spraying, fumigating, trapping, or by any other recognized and lawful
				  pest-elimination methods.
"Fire resistance rating" means the time in hours or fractions
				  thereof that materials or their assemblies will withstand fire exposure as
				  determined by a fire test made in conformity with recognized standards.
"Fire separation wall" means a fire resistance rated assembly of
				  materials having protected openings which is designed to restrict the spread of
				  fire.
"Fire wall" means a fire resistance rated wall, having no
				  unprotected openings, which restricts the spread of fire and extends openings, which
				  restricts the spread of fire and extends continuously from the foundation to or
				  through the roof.
"Floor area" means the projected horizontal area enclosed inside
				  of walls, partitions, or other enclosing construction.
"Flue" means an enclosed passageway in a chimney to carry products
				  of combustion to the outer air.
"Footing" means a foundation element consisting of an enlargement
				  of a foundation pier or foundation wall, wherein the soil materials along the sides
				  of and underlying the element may be visually inspected prior to and during its
				  construction.
"Foundation (Building)" means a construction that transfers
				  building loads to the support soil.
"Foundation wall" means a wall extending below grade.
"Fresh air" means outdoor air.
"Fuel-burning appliance" means a device or apparatus which is
				  designed to utilize natural gas, manufactured gas, mixed gas, liquefied petroleum
				  products, solid fuel, oil or any gas as a fuel for heating, cooling, hot water,
				  cooking, generating light or power or for aesthetics.
"Garbage" means rubbish and refuse as defined in this
				  section.
"Grade" means a reference plane representing the average of
				  finished ground level adjoining the building at all exterior walls.
"Grade passageway" means a horizontal extension of a vertical exit
				  or a passage leading from a yard or court to an open exterior space.
"Guest" means any person who occupies a unit of dwelling space
				  either as a temporary occupant or transient in an establishment holding itself out
				  as serving transients or on a temporary or permanent basis in an establishment
				  providing housekeeping or dining services on a regular basis to occupants.
"Habitable room" means a residential room or space, having an area
				  exceeding 59 square feet in which the ordinary functions of domestic life are
				  carried on, and which includes bedrooms, living rooms, studies, recreation rooms,
				  kitchens, dining rooms, and other similar spaces, but does not include closets,
				  halls, stairs, laundry rooms, or bathrooms.
"Hazard" means a condition which because of faulty construction or
				  maintenance of the premises creates significant and recognizable danger or risk to
				  the health and safety of persons on or near the premises.
"Height (Buildings)" means the vertical distance from the curb
				  level to the highest point of the roof beams in the case of flat roofs, or to a
				  point at the average height of the gable in the case of roofs having a pitch of more
				  than one foot in 4 1/2 feet; except that where the curb level has not been legally
				  established, or where every part of the building is set back more than 25 feet from
				  a street line, the height shall be measured from the adjoining grade
				  elevation.
"Hotel" means any building, including but not limited to any
				  related structure, accessory building and land appurtenant thereto, and any part
				  thereof, which contains ten or more dwelling units or has sleeping facilities for 25
				  or more persons and is kept, used, maintained, advertised as, or held out to be, a
				  place where sleeping or dwelling accommodations are available to guests. "Hotel"
				  also means any facility that is commonly regarded as a hotel, motor hotel, motel or
				  established guesthouse in the community in which it is located. "Hotel" does not
				  include those facilities that are excluded by statute. (See
				  55:13A-3(j).)
"Housing for the elderly" means retirement communities or similar
				  types of housing reserved for households composed of one or more persons 62 years of
				  age or more, or other age if recognized as elderly by a specific Federal housing
				  assistance program.
"Infestation" means the presence within a hotel or multiple
				  dwelling of any insects, rodents or other pests. Infestation shall include breeding
				  areas on the exterior of the premises so located that products thereof may spread to
				  the interior of any building subject to these regulations.
"Interim controls" means a set of measures designed to reduce
				  temporarily human exposure or likely exposure to lead-based paint hazards, including
				  specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing
				  monitoring of lead-based paint hazards or potential hazards, and the establishment
				  and operation of management and resident education programs, or the term as it is
				  defined under 42 U.S.C. §
										4851b.
"Janitorial services" means cleaning and maintaining of common
				  areas including the making of minor repairs, attendance to the furnishing of heat
				  and hot water where the owner is responsible for operation and maintenance thereof,
				  the removal of garbage, refuse and rubbish from the premises, and the removal of
				  snow, ice, dirt, and other matter creating obstructions or hazards from pedestrian
				  paths, sidewalks and gutters.
"Kitchen" means any room or part of a room used for cooking or the
				  preparation of food.
"Law" or "Act" means
				  55:13A-1 et seq., the Hotel and
				  Multiple Dwelling Law.
"Lead hazard control work" means work to make housing lead-safe,
				  or to mitigate through the use of interim controls as permitted under Federal law
				  and as defined in 42 U.S.C.
				  §
										4851b, or to eliminate permanently
				  lead-based hazards by abatement on a premises by a person certified to perform lead
				  abatement work pursuant to sections 1 through 12 of
				  P.L.
				  1993, c.288 and
				  sections
				  14 through 24 of
				  P.L.
				  1993, c.288.
"Lead-based paint" means paint or other surface coating material
				  that contains lead equal to or in excess of 1.0 milligrams per centimeter squared or
				  in excess of 0.5 percent by weight, or such other level as may be established by
				  Federal law.
"Lead-based paint hazard" means any building or property condition
				  that is not in compliance with the lead-safe maintenance requirements of this
				  chapter, including, but not limited to, chipping or peeling paint or lead dust
				  levels that exceed those established pursuant to N.J.A.C. 5:17, that causes exposure
				  to lead from lead-contaminated dust or soil or lead-contaminated paint that is
				  deteriorated or present in surfaces, that would result in adverse human health
				  effects.
"Leader" means a vertical drainage pipe for conveying storm water
				  from roof or gutter drains to a building house storm drain, building house drain
				  (combined) or other means of disposal. The leader shall include the horizontal pipe
				  to a single roof drain or gutter drain.
"Live load" means all occupants, materials, equipment,
				  constructions or other elements of weight supported in, on or by a building that
				  will or are likely to be moved or relocated during the expected life of the
				  building.
"Local enforcing agency" or "local agency" means a permanent
				  municipal, county or interlocal agency maintained for the purpose of conducting
				  inspections and enforcing building maintenance laws, ordinances, codes and rules,
				  that is supervised by, and has all hotel and multiple dwelling inspections performed
				  by, persons licensed under this chapter.
"Mechanical ventilation" means the process of introducing outdoor
				  air into, or removing vitiated air from a building by mechanical means. A mechanical
				  ventilating system may include air heating, air cooling or air conditioning
				  components.
"Minor" means any person who is under the age of 18. (See
				  N.J.A.C.
				  5:10-2.2, definitions of "Emancipated minor" and
				  "Unemancipated minor".)
"Multiple dwelling" means any building or structure and any land
				  appurtenant thereto, and any portion thereof, in which three or more dwelling units
				  are occupied or intended to be occupied by three or more persons living
				  independently of each other. "Multiple dwelling" also means any group of ten or more
				  buildings on a single parcel of land or on contiguous parcels under common
				  ownership, in each of which two dwelling units are occupied or intended to be
				  occupied by two persons or households living independently of each other, and any
				  land appurtenant thereto, and any portion thereof. "Multiple dwelling" does not
				  include those buildings and structures that are excluded by statute. (See
				  55:13A-3(k).)
"Municipality" means in addition to its legal meaning, two or more
				  municipalities acting in concert through any public agency, joint committee,
				  contractual arrangement or in any other manner authorized by law.
"Mutual housing corporation" means a not-for-profit corporation
				  incorporated under the laws of the State of New Jersey on a mutual or cooperative
				  basis within the scope of the "Lanham War Housing Act," 42 U.S.C. Sect. 1501 et
				  seq., which acquired a National Defense Housing Project pursuant to said act. (See
				  55:13A-3(p).)
"Natural ventilation" means ventilation by opening to outer air
				  through windows, skylights, doors, louvers or stacks with or without wind-driven
				  devices.
"New Jersey Uniform Construction Code" means
				  52:27D-119 et seq.,
				  5:23-1.1 et seq., and the Subcodes
				  adopted pursuant thereto.
"NFPA" means the National Fire Protection Association.
"Occupancy" means the purpose or activity for which a building or
				  space is used or is designed or intended to be used.
"Occupant" means any person or persons, including guests, in
				  actual physical possession or occupancy of a unit of dwelling space on a regular
				  basis. For purposes of assigning specific duties or responsibilities, the term
				  "occupant", unless the text indicates otherwise, shall mean the tenant, lessee, head
				  of the family or household, or other adult person or emancipated minor assuming
				  basic responsibility for the continued renting or occupancy of the dwelling
				  space.
"Occupiable room" means a room or space, other than a habitable
				  room, designed for human occupancy or use, in which persons may remain for a period
				  of time for rest, amusement, dining, shopping, storing goods or other similar
				  purposes, or in which persons may be engaged at work.
"Owner" means any person who owns, purports to own, or exercises
				  control of any hotel, multiple dwelling or retreat lodging facility.
"Owner" also means and includes any person who owns, purports to
				  own, or exercises control over three or more dwelling units within a multiple
				  dwelling.
"Partition" means a vertical unit or assembly of materials that
				  separates one space from another within any story of a building.
"Person" means any individual, corporation, association, or other
				  entity. (See 1:1-2 and
				  55:13A-3(m).)
"Plumbing" means the practice, materials, and fixtures used in the
				  installation, maintenance, extension, and alteration of all piping, fixtures,
				  appliances, equipment and appurtenances in connection with any of the following:
				  sanitary drainage or storm drainage facilities, the venting system and the public or
				  private water supply systems, within or adjacent to any building; also the practice
				  and materials used in the installation, maintenance, extension, or alteration of
				  storm water, liquid waste, or sewerage, and water-supply systems of any premises and
				  their connection with any point or public disposal or other acceptable
				  terminal.
"Plumbing fixtures" means installed receptacles, devices, or
				  appliances that are supplied with water or which receive or discharge liquids or
				  liquid-borne wastes.
"Potable water" means water free from impurities present in
				  amounts sufficient to cause disease or harmful physiological effects. Its
				  bacteriological and chemical quality shall conform to the requirements of the
				  Department of Health.
"Premises" means land, improvements thereon, or any part
				  thereof.
"Project" means a group of buildings subject to the Act
				  that:
1. Are or are represented to be under
				common or substantially common ownership;
2. Are on a single lot or contiguous lots,
				and
3. Are named, designated or
				advertised as a common entity. Lots shall be considered to be contiguous even if
				they are separated by a public right-of-way. (See
				55:13A-3 (
o
).)
"Protective equipment" means any equipment, device, system or
				  apparatus required or permitted to be constructed or installed in any hotel or
				  multiple dwelling for the protection of occupants, intended occupants or the general
				  public. (See 55:13A-3(i).)
"Refuse" means all putrescible solid wastes (except body wastes),
				  including but not limited to garbage, rubbish, ashes, street cleanings, dead
				  animals, abandoned automobiles, and solid market and industrial wastes.
"Regulations" means the rules contained in this chapter.
"Repair" means the replacement of existing work with equivalent
				  materials for the purpose of its maintenance, but not including additional work that
				  would affect safety, or affect required exit facilities, or a vital element of an
				  elevator, plumbing, gas piping, wiring, ventilating, or heating installation, or any
				  work that would be in violation of a provision of this code or any other law
				  governing building construction.
"Required" means required by the provisions of these
				  regulations.
"Retreat lodging facility" means a building or structure,
				  including but not limited to any related structure, accessory building, and land
				  appurtenant thereto, and any part thereof, owned by a nonprofit corporation or
				  association which has tax-exempt charitable status under the Federal Internal
				  Revenue Code and which has sleeping facilities used exclusively on a transient basis
				  by persons participating in programs of a religious, cultural or educational nature,
				  conducted under the sole auspices or one or more corporations or associations having
				  tax-exempt charitable status under the Federal Internal Revenue Code, which are made
				  available without any mandatory charge to such participants. (See
				  55:13A-3(s).)
"Roof" means the topmost slab or deck of a building, either flat
				  or sloping with its supporting members, not including vertical supports.
"Rooming unit" means a unit of dwelling space located within a
				  multiple dwelling or a hotel, forming a single habitable unit used or intended to be
				  used for living and sleeping, but not for cooking or eating purposes.
"Rubbish" means nonputrescible solid waste consisting of both
				  combustible and noncombustible waste, such as paper, wrappings, cigarettes, tin
				  cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
				  materials.
"Sanitary system" means either the public system for disposal of
				  sewage from the premises or, in the absence of such system, any private system
				  available to the premises for the disposal of sewage.
"Self-closing", as applied to an opening protective, means a door,
				  window, damper, or other device and its assembly that is normally kept in a closed
				  position and that is equipped with an approved device to insure immediate closing
				  after having been opened for use.
"Sewage" means any liquid waste containing animal or vegetable
				  matter in suspension or solution, and may include liquids containing chemicals in
				  solution.
"Shaft" means a vertical, inclined or offset passage, duct or
				  hoistway, penetrating through two or more floors of a building or through a floor
				  and roof, for the transmission of light, air, materials or persons, or the passage
				  of pipes or other mechanical facilities.
"Shall", as used in this chapter, is always to be construed as
				  mandatory.
"Sink" means a plumbing fixture located in a kitchen area and used
				  exclusively for food preparation operations.
"Story" means that portion of a building that is between a floor
				  level and the next higher level or roof above.
"Street" means a thoroughfare dedicated or devoted to public use
				  by legal mapping or other lawful means.
"Structure" means an assembly of materials forming a construction
				  for occupancy or use, including among others: buildings, stadia, tents, reviewing
				  stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open
				  sheds, coal pockets, shelters, fences and display signs.
"Surface" means an area such as an interior or exterior wall,
				  ceiling, floor, door, door frame, window sill, window frame, porch, stair, handrail
				  and spindle, or other abradable surface, soil, furniture, a carpet, a radiator or a
				  water pipe.
"Transient," as applied to occupancy, means occupancy for not more
				  than 90 days by a person having a principal residence elsewhere.
"Unemancipated minor" means any person under the age of 18 who is
				  not an "emancipated minor" as defined herein.
"Unit of dwelling space", see "Dwelling unit" of this section.
				  (See 55:13A-3(h).)
"Use (used)" means the purpose for which a building, structure, or
				  space is occupied or utilized, unless otherwise indicated by the text. Use (used)
				  shall be construed as if followed by the words "or is intended, arranged, or
				  designed to be used".
"Useable floor area" means that part of the floor area within a
				  unit of dwelling space that can be considered useable for general living purposes,
				  excluding areas devoted to built-in equipment, such as, wardrobes, cabinets,
				  closets, kitchen units, and equipment or fixtures which are not readily available
				  for use as floor area.
"Ventilation" means the supply and removal of air to and from any
				  space by natural or mechanical means. (See also
				  5:10-2.2, definitions of "Mechanical
				  ventilation" and "Natural ventilation".)
"Water distribution piping" means the pipes in a building or
				  premises that convey water from the water service pipe to the plumbing fixtures and
				  other water outlets.
"Water service pipe" means the pipe from the water (street) main
				  or other source of water supply to the building served.
"Water (street) main" means a water supply pipe for public or
				  community use controlled by public authority.
"Water supply system" means the water service pipe, the water
				  distribution piping, and all of the necessary connecting pipes, fittings, control
				  valves, and appurtenances used for conveying water in the plumbing system.
"Window guard" see "Child-protection window guard."