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
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.
