reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.1 - Administration

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of Codes and Standards in the Department of
				  Community Affairs shall administer and enforce these rules. Within the Division,
				  responsibility for administration and enforcement of these rules shall be vested in
				  the Bureau of Homeowner Protection. All powers and responsibilities vested in the
				  Director, Division of Codes and Standards, shall be executed by the Chief, Bureau of
				  Homeowner Protection, subject to supervision by the Director and by the Assistant
				  Director for Construction Code Enforcement, with the exception of the power to make
				  rules and the power to make final determinations resulting from any hearing required
				  or permitted pursuant to law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.2 - Complaints and investigations

Current through Register Vol. 56, No. 14, July 15, 2024
Any person may, at any time, file a complaint with the Agency
				  concerning any matter subject to the Act or these rules. Said complaint may be
				  written or oral. Nothing in this section shall prevent the Agency from instituting
				  an investigation on its own initiative.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.3 - Rights to a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Any developer or applicant for registration aggrieved by a notice
				  or order of the Agency issued under the Act or these rules shall be entitled to a
				  hearing before the Office of Administrative Law in accordance with the
				  Administrative Procedure Act,
				  52:14B-1 et seq. and the Uniform
				  Administrative Procedure Rules, N.J.A.C. 1:1, provided that a written request for
				  such hearing is filed within 10 business days of receipt of the notice or order
				  complained of.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.4 - Application for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
All hearing requests shall be filed with the Hearing Coordinator,
				  Department of Community Affairs, PO Box 802, Trenton, New Jersey 08625-0802.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.5 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner,
				through the Agency, may levy and collect the penalties set forth in the Act after
				affording the person allegedly in violation an opportunity for a hearing, in
				accordance with the Administrative Procedure Act,
				52:14B-1 et seq., on the alleged
				violations, and after a final determination that said person is guilty of the
				violation.
(b) When a penalty so levied
				has not been satisfied within 30 days, the penalty may be sued for and recovered by
				and in the name of the Commissioner in a summary manner pursuant to the Penalty
				Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
(c) The Agency may, in the interest of justice,
				compromise any civil penalty if in its determination the gravity of the offense or
				offenses does not warrant the assessment of the full fine.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.6 - Consent orders

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency may, in its discretion, enter into any consent order,
				  stipulation or settlement in any matter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.7 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be
				applicable as follows:
1. To any portion of a
				planned real estate development which did not have on November 22, 1978:
i. Its building permit or permits; or
ii. Final municipal approval of its site plan or
				subdivision plat.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.8 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These regulations shall be construed liberally to effectuate the
				  purposes of the Act and of these regulations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.9 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
The Agency may grant exemptions to this chapter or any part
				  thereof when, in its opinion, the enforcement thereof is unduly burdensome or
				  impractical.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 26 - PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT REGULATIONS › Subchapter 11 - ADMINISTRATION AND ENFORCEMENT › Section 5:26-11.10 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application thereof to
				  any person or circumstances is held to be invalid, the invalidity shall not affect
				  other provisions or applications of this chapter which can be given effect and to
				  this end the provisions of this chapter are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.1 - Title

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter, promulgated pursuant to
				  55:13B-1 et seq., shall be known and
				  may be cited as the "Regulations Governing Rooming and Boarding Houses".
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is
				promulgated for the purpose of establishing standards to ensure that every rooming
				and boarding house in the State of New Jersey is constructed, maintained and
				operated in such a manner as will protect the health, safety and welfare of its
				residents and at the same time preserve and promote a home-like atmosphere
				appropriate to such facilities.
(b) The
				Bureau shall have discretion not to enforce any standard hereby established if it
				determines that strict compliance with such standard is not necessary in a
				particular case in order to accomplish the purpose set forth in (a) above.
(c) In the event that the Bureau determines that
				any rooming or boarding house, or any part thereof, because of its partial use for
				other than single room occupancy should more appropriately be evaluated under
				applicable standards contained in the regulations for the Maintenance of Hotels and
				Multiple Dwellings (N.J.A.C. 5:10), the Bureau shall have discretion to enforce the
				standards contained in N.J.A.C. 5:10 in lieu of the standards contained in N.J.A.C.
				5:27-4, 5, and 6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.3 - Administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Bureau shall
				administer and enforce this chapter.
(b)
				The Bureau may authorize any municipality or county, through its appropriate
				housing, health or social services agencies, to perform inspections for the Bureau.
				Any authorization to perform inspections given to any municipality or county shall
				contain such terms and conditions as the Bureau may deem necessary and
				proper.
(c) The local enforcing agency,
				as the term is defined in N.J.A.C. 5:70, authorized to enforce the Uniform Fire Code
				in each municipality is hereby designated as the agent of the Bureau for the purpose
				of inspecting existing buildings in order to enforce all provisions of the Uniform
				Fire Safety Act,
				52:27D-192 et seq., and the Uniform
				Fire Code, N.J.A.C. 5:70, applicable to rooming and boarding houses.
1. If, in the course of inspecting any rooming or
				boarding house, any inspector performing inspections for the Bureau finds any
				condition which is, or appears to be, in violation of the Uniform Fire Code, the
				inspector shall promptly give notice of such condition to the Bureau, which shall
				notify the Division of Fire Safety.
2.
				The maintenance requirements set forth in the Uniform Fire Code, N.J.A.C. 5:70,
				shall supersede the standards for fire safety set forth in N.J.A.C. 5:27-5, with
				regard to all boarding houses as of December 19, 1988 and shall be the sole fire
				safety maintenance requirements applicable to all rooming and boarding houses on and
				after June 16, 1989.
3. Any retrofit
				work required to be done in any rooming or boarding house shall be done in
				accordance with the Uniform Fire Code, N.J.A.C. 5:70. All buildings in compliance
				with the Uniform Fire Code shall be deemed to be in compliance with the fire safety
				standards set forth in this chapter.
4.
				Every licensee shall keep valid proof of compliance with the Uniform Fire Code on
				the premises and shall make it available to representatives of the Bureau upon
				request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.4 - Continuation of lawful existing use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The lawful occupancy
				and use of any rooming or boarding house existing on the effective date of the act
				may be continued unless a change is required by the provisions of this chapter and
				unless it is owned or operated by a person who has not obtained a license from the
				Bureau on or before December 31, 1980.
(b) Any facility that is operating as a
				cooperative sober living residence, as that term is defined in this chapter, shall
				be required to obtain a Class F license in order to continue operating. This
				includes facilities that are currently operating pursuant to a different class of
				license previously issued pursuant to this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.5 - Construction and alteration; change of use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise
				provided in these rules with regard to required alterations, no rooming or boarding
				house may be constructed or altered except in accordance with the Uniform
				Construction Code. Requirements of any adopted subcode of the Uniform Construction
				Code that exceed requirements of this chapter shall be inapplicable to required
				alterations unless the Bureau shall otherwise direct.
(b) No building which is not lawfully occupied and
				used as a rooming or boarding house on August 27, 1980 shall be used as a rooming or
				boarding house unless the owner and any operator thereof has been licensed by the
				Bureau and unless a certificate of occupancy allowing use as a rooming or boarding
				house, as the case may be, for the number of residents accommodated or intended to
				be accommodated has been obtained from the construction official having
				jurisdiction, if a certificate of occupancy is required as a result of change of use
				group or as a result of construction or alteration.
(c) A certificate of occupancy shall be required
				in the event of any change in use other than a conversion from a one or two-unit
				dwelling to a rooming or boarding house occupied or intended to be occupied by five
				or fewer residents.
1. A certificate of occupancy
				shall not be required for the change in the character of use of Class F, cooperative
				sober living residences pursuant to N.J.A.C. 5:23-6 provided that:
i. Single-family dwellings of Group R-3 or R-5
				that are being converted to a cooperative sober living residence shall meet the
				requirements of this section;
ii. There
				shall be not more than 10 occupants, excluding staff; each occupant, including
				staff, shall be capable of prompt self-evacuation;
iii. Each home shall have smoke alarms that comply
				with the Uniform Fire Code (
N.J.A.C.
				5:70-4.19
). Fire alarm systems installed
				in accordance with the One- and Two-Family Dwelling Subcode shall also be deemed to
				comply. Smoke alarms shall be located in each sleeping room, in the area outside
				separate sleeping rooms, and on each additional story of the dwelling, including
				basements and habitable attics;
iv. In
				the vicinity of each sleeping area, each home with a fuel burning appliance or with
				an attached garage shall have carbon-monoxide alarms that comply with the Uniform
				Fire Code (
N.J.A.C. 5:70-4.19
) or with the
				Regulations Governing Rooming and Boarding Houses,
N.J.A.C.
				5:27-14.1
; and
v. Each bedroom shall have an operable egress
				window that complies with the Uniform Construction Code (
N.J.A.C.
				5:23
).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.6 - Licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall own or operate a rooming or
				boarding house without a license from the Bureau allowing such person to own or
				operate a rooming or boarding house providing the services therein provided and
				housing the number of residents therein housed.
(b) There shall be six classes of licenses, which
				shall be as follows:
1. Class A license: Valid for
				rooming houses only;
2. Class B license:
				Valid only for rooming houses and for boarding houses offering no financial services
				and no personal services other than meals and other food services and
				laundry;
3. Class C license: Valid for
				all rooming and boarding houses;
4.
				Class D license: Valid only for facilities operated under contract with an agency of
				the State of New Jersey; and
5. Class E
				license: Valid only for alcohol and drug rehabilitation facilities owned and
				operated by non-profit religious organizations.
6. Class F license: Valid only for cooperative
				sober living residences, as defined in this chapter. Cooperative sober living
				residences shall be subject to this chapter only as specifically noted below.
				Cooperative sober living residences shall be required to comply with all applicable
				statutory requirements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.7 - License applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicant
				information to be provided by an individual shall include the following:
1. Name, plus any other names ever used;
2. Present address, last previous address and any
				other addresses within the last two years, including dates of residency;
3. Telephone number, if any;
4. Social security number;
5. Date of birth;
6. Bank or other credit reference;
7. Any criminal convictions;
8. Education and work experience;
9. Class of license for which application is
				made.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.8 - Administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person aggrieved
				by any ruling, action or order of the Bureau shall be entitled to an administrative
				hearing in accordance with the Administrative Procedure Act.
(b) The administrative hearing shall be conducted
				by a judge of the Office of Administrative Law and the final decision shall be
				issued by the Director.
(c) The
				application for such hearing must be filed with the Director within 15 days of the
				receipt of the applicant of notice of the ruling, action or decision complained of.
				The Director shall have authority to waive this requirement when the interests of
				justice so require.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.9 - Exceptions and exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				55:13B-5(b), an owner
				may request an exception waiving, modifying or postponing the application of any
				regulation to any owner's rooming or boarding house.
(b) Requests for exceptions shall be made to the
				Chief of the Bureau, who shall have authority to approve or deny such requests in
				accordance with the standards set forth in
				55:13B-5(b). Requests
				shall be made in triplicate upon forms to be supplied by the Bureau.
(c) A request for an exception shall be submitted
				within 30 days of the receipt by the owner of notice of the ruling, action or
				decisions at issue and no request submitted thereafter shall be considered unless
				the owner advised the Bureau of his desire to file an exception request within 15
				days of his receipt of notice of filing, action or decision at issue and was unable
				to submit the application within the 30 day period allowed because of the Bureau's
				failure to provide him with the required forms in a timely manner. The Chief of the
				Bureau shall have authority to waive these time requirements when the interests of
				justice so require.
(d) Upon the request
				of a State agency which has a contractual relationship with the owner of a facility
				operated under a Class D license, the Bureau shall waive application of any
				regulation contained in subchapters six through eleven of this chapter, unless the
				Bureau finds that harm to residents or the public generally would thereby
				result.
(e) Owners and operators who
				have been issued Class E licenses are, with respect to drug or alcohol
				rehabilitation facilities owned or operated under such licenses, exempt from the
				following requirements of this chapter:
1.
										5:27-1.6(i), with
				respect to creed only;
2.
										5:27-1.7(a)5  through
				8;
3.
										5:27-3.1(a)1  through
				4, 9, 13 and 14;
4.
										5:27-3.2(d);
5.
										5:27-3.3(c);
6.
										5:27-3.4(b);
7.
										5:27-3.10;
8.
										5:27-8.1(b)2;
9.
										5:27-8.2;
10.
										5:27-8.3;
11.
										5:27-8.4(a);
				and
12.
										5:27-9.2(a).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.10 - Search warrants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that
				any authorized representative of the Bureau is denied access to any rooming or
				boarding house, a search warrant shall be obtained by the Bureau in any court having
				jurisdiction.
(b) The application for
				the search warrant shall state that access to the premises is required in order to
				enforce the Act and shall specify whether the desired inspection is a regular annual
				inspection or a special inspection in response to information received by the Bureau
				indicating the possible existence of a condition violative of the Act or of these
				regulations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.11 - Tense, gender and number

Current through Register Vol. 56, No. 14, July 15, 2024
Words used in the present tense include the future; words used in
				  the masculine gender include the feminine and neuter, words used in the singular
				  include the plural and those used in the plural include the singular, all except
				  where the context clearly indicates otherwise.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:27-1.12 - Separability clause

Current through Register Vol. 56, No. 14, July 15, 2024
If any provisions of these regulations shall be held invalid or
				  ineffective in whole or in part, or inapplicable to any person or situation, it is
				  the purpose and intent of these regulations that all other provisions thereof shall
				  nevertheless be separately and fully effective.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.1 - Enumeration of rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every resident shall
				have the following rights:
1. To manage his or her
				own financial affairs;
2. To wear his or
				her own clothing;
3. To determine his or
				her own dress, hairstyle, or other personal effects according to individual
				preference;
4. To retain and use his or
				her personal property in his or her immediate living quarters, so as to maintain
				individuality and personal dignity, except where the licensee can demonstrate that
				such would be unsafe, that it would be impractical or would infringe upon the rights
				of others and that mere convenience is not the licensee's motive in restricting this
				right;
5. To receive and send unopened
				correspondence;
6. To have unaccompanied
				access to a telephone at a reasonable hour (but not the right to make toll calls at
				any other person's expense) and to have a private telephone at his or her own
				expense;
7. To privacy;
8. To retain the services of his or her own
				personal physician at his or her own expense or under a health care plan and to
				confidentiality and privacy concerning his or her medical condition and
				treatment;
9. To unrestricted
				communication, including personal visitation, with any person of his or her choice,
				at any reasonable hour;
10. To make
				contacts with the community and to achieve the highest level of independence,
				autonomy and interaction with the community of which he or she is capable;
11. To present grievances on behalf of himself or
				herself or others to the licensee, governmental agencies or other persons without
				reprisal or threat of reprisal in any form or manner whatsoever;
12. To a safe, healthful and decent living
				environment and considerate and respectful care that recognizes the dignity and
				individuality of the resident;
13. To
				refuse to perform services for the licensee except pursuant to a bona fide contract
				between resident and licensee, such contract, in the case of a resident who is at
				least 62 years of age or has any physical or mental disability, to be in writing and
				witnessed by a representative of the county welfare board or of any other social
				service agency having responsibility for such resident;
14. To practice the religion of his or her choice,
				including the right to have adequate substitutes provided for foods or combinations
				of foods which the resident's religious beliefs forbid him or her to eat, or to
				abstain from religious practice;
15. To
				not be deprived of any constitutional, civil or legal right solely by reason of
				residence in a rooming or boarding house.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.2 - House rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to better protect the health, safety,
				welfare and rights of all residents, the licensee shall establish reasonable rules
				governing the conduct of persons within the rooming or boarding house.
(b) Such rules shall include provisions to ensure
				that residents exercise their rights in such a way as not to infringe upon the
				rights of or endanger other residents.
(c) Copies of all rules shall be prominently
				posted in the building, shall be given to all residents at the commencement of
				residence and shall be provided to the Bureau upon request.
(d) In other than Class F facilities, cooperative
				sober living residences, any rule determined by the Bureau to be unreasonable shall
				not be enforced and shall be deleted from the house rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.3 - Harassment; fraud; eviction without due cause

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In other than Class
				F facilities, cooperative sober living residences, no licensee or employee or agent
				of a licensee shall engage in any conduct or permit residents or others to engage in
				any conduct that is unreasonable under the circumstances and that tends to cause
				annoyance to any resident.
(b) In other
				than Class F facilities, cooperative sober living residences, no licensee or
				employee or agent of a licensee shall, in the course of his or her dealings with
				residents or with their property, engage in any conduct evidencing a lack of
				probity, integrity, or trustworthiness.
(c) Unless otherwise directed or authorized by the
				Bureau, no licensee shall cause any resident to be evicted from any rooming or
				boarding house except for good cause, as defined in
N.J.S.A.
				2A:18-61
.1 et seq., and except in
				accordance with the procedural requirements of
N.J.S.A.
				2A:18-61
.1 et seq.
1. A licensee may bring to the attention of the
				Bureau any situation in which the licensee believes that a directive from the
				Bureau, pursuant to this subsection, is necessary in order to facilitate appropriate
				placement of a resident, in accordance with
N.J.A.C.
				5:27-3.5(b)
, and to
				protect the right of all residents to a safe, healthful, and decent living
				environment, in accordance with
N.J.A.C.
				5:27-3.1(a)
12. This
				shall not apply to Class F licensed facilities, cooperative sober living
				residences.
2. The references to
N.J.S.A. 2A:18-61
.1 et seq.,
				in (c) above notwithstanding, a resident of a cooperative sober living residence may
				be evicted from the residence by determination of the operator or vote of the
				residents depending on the procedure set forth in the house rules of the cooperative
				sober living residence regarding a violation of those rules, including, but not
				limited to, prohibitions against the possession or use of alcohol or
				drugs.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.4 - Access to agency representatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Licensees shall not
				in any manner obstruct, and shall affirmatively facilitate, access for employees of
				public agencies and private social service and health agencies seeking to visit any
				resident or to have contact with the residents generally.
(b) A licensee who has reason to believe a
				resident to be in need of health or social services shall forthwith refer such
				resident to an appropriate agency.
(c) A
				licensee shall give notice to the county welfare board at least three working days
				prior to instituting any action to evict any resident or to any transfer of a
				resident initiated by a licensee, unless the county welfare board allows shorter
				notice.
1. The provision in (c) above shall not
				apply to a cooperative sober living residence licensed as a Class F facility
				regarding a violation of house rules that require residents to be in recovery from,
				and not in possession or under the influence of, drugs or alcohol.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.5 - Appropriate placement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall accept as a resident in a
				boarding house a person who is not capable of self-evacuation with or without
				assistive devices, who is not certified by a licensed physician, or by a licensed
				nurse practitioner or licensed clinical nurse specialist legally authorized to issue
				such certification, to be free of communicable diseases and not in need of nursing
				care or who requires services not available in such boarding house.
1. The requirement for certification from a
				licensed medical professional shall not apply to residents of a cooperative sober
				living residence licensed as a Class F facility.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.6 - Independence and community interaction

Current through Register Vol. 56, No. 14, July 15, 2024
In other than Class F facilities, cooperative sober living
				  residences, a licensee shall take such affirmative action as may be necessary to
				  assist each resident in living with as much independence and autonomy and with as
				  high a degree of interaction with the community as may be reasonably
				  possible.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.7 - Violation by licensee

Current through Register Vol. 56, No. 14, July 15, 2024
No licensee shall violate or unreasonably restrict the rights of
				  residents nor shall any licensee permit the violation of unreasonable restriction of
				  residents' rights by any person employed by or otherwise under the control of the
				  licensee or upon the premises with the knowledge of the licensee.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.8 - Employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licensee shall employ or continue to employ
				any person known to the licensee to have engaged in conduct violative of the rights
				of residents or who the licensee has reason to believe would be likely to engage in
				such conduct.
(b) In other than Class F
				facilities, cooperative sober living residences, every licensee shall have on duty
				at all times as many employees as may be needed to properly safeguard the health,
				safety, and welfare of the residents, as required by this chapter. Such employees
				shall be adequately trained and supervised.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.9 - Disclosure of licensee identity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A statement
				containing the following information shall be posted in a prominent place in every
				rooming and boarding house, except that only (a)1 through 5 below shall be required
				in Class F facilities, cooperative sober living residences:
1. Name and address of the owner(s) of the
				property;
2. Name and address of any
				operator;
3. If the owner is a
				corporation, the name and address of each appropriate officer, of the registered
				agent and of the primary owner;
4. If
				the owner does not reside on the premises, a statement designating the operator as
				the owner's agent for purposes of accepting notices from residents, issuing receipts
				therefore and accepting service of process on behalf of the owner;
5. The name and address of any person other than
				the operator employed by the owner to provide regular maintenance service;
6. The name, address and telephone number of an
				individual authorized to make emergency decisions concerning the building and any
				repair thereto or expenditure in connection therewith;
7. The name and address of every holder of a
				recorded mortgage on the premises.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.10 - Disclosure of rates and services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall
				at all times maintain a schedule setting forth the rates charged for the rental of
				the various rooms in the rooming or boarding house and for each of the other
				services or combinations of services available.
(b) A copy of the schedule of rates shall be
				provided to, and shall be explained to, every present and prospective resident and
				at least one copy shall be prominently posted in the rooming or boarding house.
				Copies shall also be provided to the Bureau and to the county welfare
				board.
(c) In the event of any change in
				rates, a revised schedule shall be prepared indicating the change in rates. A copy
				thereof shall be prominently posted in the rooming and boarding house and copies
				shall be provided to all persons and agencies entitled to receive copies of the
				original schedule.
(d) No resident shall
				be charged for any services other than those which he or she has requested and which
				are actually provided to him or her.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.11 - Security deposits

Current through Register Vol. 56, No. 14, July 15, 2024
No security deposit, however designated, shall be required or
				  accepted by any licensee from any resident or prospective resident, or shall be held
				  by any licensee, unless there is full compliance with the requirements of
				  46:8-19 through
				  46:8-26.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 3 - RIGHTS OF RESIDENTS › Section 5:27-3.12 - Limited tenure hotel guests

Current through Register Vol. 56, No. 14, July 15, 2024
In other than Class F facilities, cooperative sober living
				  residences, in the event that a hotel, motel, or established guest house is
				  classified as a rooming or boarding house for purposes of the Act by reason of
				  having fewer than 85 percent of the dwelling units offered for limited tenure only,
				  a resident occupying such a unit on a limited tenure basis shall have the legal
				  rights of a hotel guest and the rights set forth in section 3 of P.L. 1979, c. 500
				  (
N.J.S.A. 55:13B-19
) but shall
				  not have any of the additional rights of residents established by this
				  subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.1 - Water supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every rooming or
				boarding house shall be provided with a safe supply of potable water meeting the
				standards as set forth in the New Jersey Safe Drinking Water Act regulations
				(N.J.A.C. 7:10-1 et seq.) published by the New Jersey Department of Environmental
				Protection.
(b) The source of such water
				supply shall be approved by the New Jersey Department of Environmental Protection
				and/or the local health agency.
(c) The
				minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be
				not less than one gallon per minute.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.2 - Facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every boarding house shall contain a kitchen
				sink of nonabsorbent impervious material.
(b) Every cooperative sober living residence shall
				contain a full kitchen.
(c) Every
				rooming or boarding house shall be provided with a minimum of one flush type water
				closet, lavatory, and a bathtub or shower for every eight persons or part
				thereof.
(d) Every water closet,
				lavatory, and bathtub or shower shall be accessible from within the building without
				passing through any part of any other rooming unit and shall be located no further
				than one floor above or below the rooming units served, provided that no resident
				shall be without ready access to any such facility by reason of physical disability.
				Such water, lavatory and bathtub or shower shall be contained in a room or rooms
				which are separated from all other rooms by walls, doors, or partitions that afford
				privacy.
(e) Every plumbing fixture
				shall be connected to water and sewer systems approved by the New Jersey Department
				of Environmental Protection and/or the local health agency, and shall be maintained
				in good working condition.
(f) Every
				kitchen sink, lavatory, and bathtub or shower required by this section shall be
				connected to both hot and cold water lines.
(g) Every rooming or boarding house shall have
				water heating facilities which are installed and maintained in good and safe working
				condition, connected with the hot water lines required under the provisions of (e)
				above, and capable of delivering water at a minimum temperature of not less than 120
				degrees Fahrenheit and at a maximum temperature of not more than 140 degrees
				Fahrenheit at all times in accordance with anticipated needs.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.3 - Garbage and rubbish storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Garbage or other
				organic waste shall be stored in watertight receptacles of metal or other approved
				material. Such receptacles shall be provided with tight-fitting covers. A sufficient
				number of garbage receptacles shall be provided by the licensee.
(b) Rubbish shall be stored in receptacles of
				metal or other approved material. A sufficient number of rubbish receptacles shall
				be provided by the licensee.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.4 - Lighting and electrical service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every habitable room
				shall have at least one window or skylight facing directly to the outdoors. The
				minimum total window or skylight area measured between stops, for every habitable
				room shall be eight percent of the floor area of such room. Whenever walls or other
				portions of structures face a window of any habitable room and are located less than
				three feet from the window and extend to a level above that of the ceiling of the
				room, such a window shall not be included in calculating the required minimum total
				window area.
(b) Every rooming and
				boarding house shall be provided with electric service.
(c) Every habitable room shall contain sufficient
				wall type electric outlets and lamps or light fixtures to enable occupants to use
				the room for its intended function. Every such outlet and lamp shall be maintained
				in good and safe condition, and shall be connected to the source of electric power.
				No temporary wiring shall be used except extension cords which run directly from
				portable electrical fixtures to convenience outlets, and which do not lie under rugs
				or other floor coverings, nor extend through doorways, transoms, or other openings
				through structural elements.
(d) Every
				portion of each staircase, hall, cellar, basement, landing, furnace room, utility
				room, and all similar non-habitable space shall have either natural or artificial
				light available at all times, with an illumination of at least two lumens per square
				foot (two foot-candles) in the darkest portions.
(e) Every portion of any interior or exterior
				passageway or staircase shall be illuminated naturally or artificially at all times
				with an illumination of at least two lumens per square foot (two foot-candles) in
				the darkest portion of the normally traveled stairs and passageways.
(f) Every bathroom and water closet compartment
				shall have either natural or artificial light available at all times, with an
				illumination of at least three lumens per square foot (three foot-candles). Such
				light shall be measured 36 inches from the floor at the center of the room.
				Artificial lighting shall be controlled by a wall switch so located as to avoid
				danger of electrical hazards.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.5 - Ventilation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Means of ventilation
				shall be provided for every habitable room. Such ventilation may be provided either
				by an easily operable window or skylight having an openable area of at least 50
				percent of the minimum window area or minimum skylight area as required in
				5:27-4.4(a), or by
				other means acceptable to the Bureau which will provide at least two air changes per
				hour.
(b) Means of ventilation shall be
				provided for every bathroom or water closet compartment. Such ventilation may be
				provided either by an easily operable window or skylight having an openable area of
				at least 50 percent of the minimum window area or minimum skylight area as required
				in 5:27-4.4(a), or by
				other means acceptable to the Bureau which will provide at least six air changes per
				hour.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.6 - Heating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every dwelling shall
				have heating facilities which are properly installed, maintained in good and safe
				working condition, and are capable of safely and adequately heating all habitable
				rooms, bathrooms, and water closet compartments located therein to a temperature of
				at least 68 degrees Fahrenheit when the outside temperature is zero degrees
				Fahrenheit. The temperature shall be read at a height of three feet above floor
				level at the center of the room.
(b)
				Every space heater, except electrical, shall be properly vented to a chimney or duct
				leading to outdoors. Unvented portable space heaters, burning solid, liquid, or
				gaseous fuels, shall be prohibited.
(c)
				Every licensee shall supply heat adequate to maintain a minimum inside temperature
				in all habitable rooms, bathrooms, and water closet compartments of 68 degrees
				Fahrenheit from October 1 of each year to the next succeeding May 1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.8 - Use and occupancy of space

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every rooming or
				boarding house shall contain at least 150 square feet of floor space for the first
				occupant thereof and at least 100 additional square feet of floor space for every
				additional occupant thereof, the floor space to be calculated on the basis of total
				habitable room area.
(b) Every rooming
				unit occupied for sleeping purposes by one occupant shall contain at least 80 square
				feet of floor space, and every room occupied for sleeping purposes by more than one
				occupant shall contain at least 60 square feet of floor space for each
				occupant.
(c) At least one-half of the
				floor area of every habitable room shall have a ceiling height of at least seven
				feet. The floor area of that part of any room where the ceiling is less than five
				feet shall not be considered as part of the floor area in computing the total floor
				area of the room for the purpose of determining the maximum permissible occupancy
				thereof.
(d) A room located in part
				below the level of the ground may be used for sleeping provided that the walls and
				floor thereof in contact with the earth have been damp-proofed in accordance with a
				method approved by the Bureau; and provided that all requirements otherwise
				applicable to habitable rooms generally are satisfied.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.9 - Matters not covered

Current through Register Vol. 56, No. 14, July 15, 2024
In other than Class F facilities, cooperative sober living
				  residences, any matter or requirement essential for the structural safety of a
				  rooming or boarding house or essential for the safety or health of the residents
				  thereof or of the public, and which is not covered by the provisions of this
				  chapter, shall be the subject of determination by the Bureau in specific
				  cases.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27 - REGULATIONS GOVERNING ROOMING AND BOARDING HOUSES › Subchapter 4 - GENERAL BUILDING REQUIREMENTS › Section 5:27-4.10 - Lead-safe maintenance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each building
				constructed before 1978 that houses women and children shall be subject to the
				requirements for lead-safe maintenance contained in this section. All such buildings
				shall undergo a combined inspection and risk assessment, and lead hazard control
				work in accordance with (b) below or shall comply with the requirements for standard
				treatments contained in (c) below. Following the performance of lead hazard control
				work or standard treatments, all buildings shall be subject to the requirements for
				on-going evaluation and maintenance contained in (d) below.
1. Exception: Buildings, dwelling units or common
				areas that have been certified as lead free in accordance with N.J.A.C.
				5:17.