New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 2 - ELIGIBILITY › Section 5:27-2.1 - 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:
"Accessory building" means a building, whether or not occupied by
				  residents, the use of which is incidental to that of the main building of a rooming
				  or boarding house and which is located on the same lot, or on a contiguous lot, or
				  on a lot that would be contiguous but for the presence of a public street or other
				  public right-of-way.
"Act" means the Rooming and Boarding House Act of 1979 ( P.L.
				  1979, c.496; 55:13B-1 et seq.).
"Alteration" means a change or rearrangement in the structural
				  parts or in the egress facilities of any building or structure, or any enlargement
				  thereof or the moving of such building or structure from one location to
				  another.
"Ambulatory" means capable of walking up and down stairs without
				  the assistance of another person.
"Approved" means approved by the Bureau.
"Assistive device" means any implement or mechanism which enables
				  a person to be ambulatory who would not otherwise be ambulatory.
"Banking institutions" means and includes banks, trust companies,
				  national banking associations, savings banks, savings and loan associations and
				  Federal savings and loan associations.
"Boarding house". See
				  55:13B-3(a).
"BOCA" means the Building Officials and Code Administrators
				  International, Inc.
"Bureau" means the Bureau of Rooming and Boarding House Standards
				  in the Division of Codes and Standards of the Department of Community
				  Affairs.
"Certified medication aide" is a person who holds a valid current
				  medication aide certification issued by the Department of Health and Senior Services
				  pursuant to N.J.A.C. 8:36-1.8.
"Commercial center" means a place where commercial establishments
				  and professional offices may be found.
"Commissioner". See N.J.S.A. 5:13B-3(b).
"Construction" means any and all work necessary or incidental to
				  the erection, demolition, assembling, installing or equipping of buildings or any
				  alterations and operations incidental thereto.
"Construction class" means the category in which a building or
				  space is classified based on the fire-resistance ratings of its construction
				  elements as set forth in the current edition of the BOCA Basic Building Code.
"Cooperative sober living residences" means a residential setting
				  that serves solely as a home for individuals who are recovering from drug or alcohol
				  addiction and is intended to provide an environment where the residents can support
				  each other's sobriety and recovery. In addition to the other requirements specified
				  in this chapter, a cooperative sober living residences shall satisfy the following
				  criteria:
1. Management by an entity or organization that provides an
				  operator who shall reside in the residence and exercise some level of control over
				  the operation of the residence and establishes the residence's rules;
2. Occupancy shall not exceed 10 individuals, exclusive of the
				  operator;
3. The requirement of the maintenance of an alcohol and drug free
				  environment;
4. No provision of on-site counseling, therapy, clinical
				  treatment, or alcohol and/or drug treatment by the licensee;
5. No provision of food, laundry, financial, or other personal
				  services by the licensee;
6. Ability of licensee, at its discretion, to provide non-clinical
				  recovery and support services. The licensee may also elect to mandate or encourage
				  residents to attend self-help recovery programs, participate in activities related
				  to maintaining sobriety and continuing recovery, or receive off-site services deemed
				  desirable or necessary to maintain sobriety; and
7. Ability of licensee, at its discretion, to require drug or
				  alcohol testing of residents.
"County welfare board" means the welfare board or board of social
				  services of the county in which the rooming or boarding house is located.
"dba" means decibels, which is the numerical expression of the
				  loudness of a sound.
"Director" means the Director of the Division of Codes and
				  Standards of the Department of Community Affairs.
"Egress" means a path by which ambulatory persons can travel
				  safely and without assistance from a unit of dwelling space along a continuous and
				  unobstructed line to an exterior open area.
"Exit" means a means of egress from the interior of a building to
				  an open exterior space.
"Financial services". See
				  55:13B-3(c).
"Fire resistance ratings" 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.
"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 organic waste resulting from the preparation and
				  consumption of food.
"Habitable room" means a residential room or space in which the
				  ordinary functions of domestic life are carried on, including bedrooms, livingrooms,
				  studies, recreation rooms, kitchens, dining rooms, and other similar spaces, but
				  excluding closets, halls, stairways, laundry rooms, toilet rooms and
				  bathrooms.
"HMFA" means the New Jersey Housing and Mortgage Finance
				  Agency.
"Licensee" means any person licensed by the Bureau as either an
				  owner or an operator.
"Local health agency" means 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.
"Means of egress". See "egress".
"Monitoring of medication" means maintaining regular records of
				  the type and amount of medication taken by a resident and the time at which such
				  medication is taken.
"NFPA" means the National Fire Protection Association.
"Non-profit religious organization" means an organization that has
				  tax-exempt status as a nonprofit religious organization in accordance with section
				  501(c)(3) of the Internal Revenue Code and that owns and operates a boarding house
				  that is exempt from local property taxation.
"Occupant" means any person lawfully occupying or sharing
				  occupancy of a unit of dwelling space on a regular basis.
"Operator". See
				  55:13B-3(e).
"Owner". See
				  55:13B-3(f).
"Partition" means a vertical unit or assembly of materials that
				  separates one space from another within any story of a building.
"Personal services". See
				  55:13B-3(g).
"Primary owner" means the individual designated by an owner that
				  is a corporation or association as personally responsible for compliance with the
				  act and with these regulations.
"Resident" means a person residing in a rooming or boarding house,
				  exclusive of the owner and his or her family and bona fide employees and the
				  operator and his or her family.
"Rooming house". See
				  55:13B-3(h).
"Rooming unit" means a unit of dwelling space forming a single
				  habitable unit used or intended to be used for living and sleeping, but not for
				  cooking or eating purposes.
"Rubbish" means all waste material other than garbage.
"Shall" as used in these regulations, is always to be construed as
				  mandatory.
"Story" means that portion of a building that is between a floor
				  level and the next higher level or roof above.
"Story, cellar" means any story below the first story.
"Story, first" means the lowest story which contains habitable or
				  occupiable rooms and which is more than 50 percent above grade. A story shall be
				  considered more than 50 percent above grade whenever the number of stair risers to
				  grade at any required exit from the lowest story shall be equal to less than half
				  the number of stair risers in any stair connecting the lowest story with the next
				  above.
"Story, ground" means any first story which provides barrier free
				  access to grade at each of its required means of egress.
"Supervision of self-administration of medication" means
				  dispensing by a licensee to a resident of medication in the custody of the licensee,
				  whether in a container or otherwise.
"Travel distance" means the maximum length of exitway access
				  travel, measured from the most remote point to an approved exit along the natural
				  and unobstructed line of travel.
"Uniform Construction Code" means
				  52:27D-119 et seq.,
				  5:23-1.1 et seq., and the subcodes
				  adopted pursuant thereto.
"Unit of dwelling space". See
				  55:13B-3(j).
"Unit of egress" means the maximum number of people by whom an
				  egress is designed to be used.