Chapter 253

CONTINUED USE AND OCCUPANCY OF RESIDENTIAL DWELLINGS

[HISTORY: Adopted by the Township Council of the Township of Toms River

12-28-2021 by Ord. No. 4724-21. Amendments noted where applicable.]
§ 253-1. Certificate required.
A. No residential dwelling in the Township may be sold, re-sold, or transferred without
the seller thereof obtaining a municipal certificate of continued use and occupancy
("MCCUO") from the Division of Code Enforcement.
B. Failure to obtain a MCCUO constitutes a violation of this chapter subject to the
fines and penalties provided hereunder.

§ 253-2. Application; inspections.

A. Complete MCCUO applications, along with required supporting documentation,
must be filed with the Division of Code Enforcement, on forms provided, not later
than 30 business days' prior to the anticipated closing date. Required supporting
documentation includes, but may not be limited to, the certifications required
pursuant to § 253-3A.
B. Only the record owner or authorized seller of the subject property may apply for a
MCCUO. If the record owner or authorized seller is an estate, corporation, limited
liability company, partnership, or other entity, the application must be submitted
and signed by the executor, administrator, officer, managing member, partner, or
other agent with the legal authority to act on behalf of the entity in connection with
the subject premises.
C. On the application form, the applicant must provide a telephone number and street
address for service of process; post office boxes are unacceptable. The application
form must also identify the prospective buyer, if known.
D. Not later than seven business days' after a complete application is filed, the Division
of Code Enforcement shall conduct an inspection of the subject dwelling. The
inspection shall include both a physical inspection of the subject property and a
search of Township records. The Division of Code Enforcement shall coordinate as
necessary with other Township agencies in order to perform a complete inspection.
E. The findings of the inspection shall be documented in a written report, a copy of
which shall be provided to the applicant; the record owner, if different from the
applicant; and the prospective buyer, if known. The report shall be completed no
later than five business days' following the completion of the inspection.
F. The inspection required to obtain a MCCUO does not replace any additional
inspections or certificates required by the Bureau of Fire Prevention or other state
or Township agency.

§ 253-3. Inspection criteria.

A. To pass inspection and receive and MCCUO, the subject dwelling must meet the
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following criteria:
(1) No open or unresolved building, zoning, housing, code enforcement, or
engineering conditions, violations, or permits.
(2) Utilities must be operational.
(3) Property description is consistent with tax records.
(4) Furnace/boiler certification provided by a licensed HVAC contractor.
(5) For those properties serviced by well water, a clear well certificate issued in
accordance with state law.
(6) Fireplace/chimney certification for wood/coal burning stoves.
(7) Certification from a licensed electrician that any pools, out-buildings, or other
accessories or amenities serviced by high-voltage electricity are properly
grounded and bonded.
(8) Properly certified heating oil tanks.
(9) The absence of substantive property maintenance code violations.
(10) Properly sized and visible house numbers.
(11) Walkways, including sidewalks and driveway aprons, free of tripping hazards.
(12) Graspable handrails and guardrails on staircases with four rises or more and
decks/landings 30 inches above grade.
(13) All exterior receptacles GFCI-protected.
(14) Properly maintained and structurally sound fences and retaining walls.
(15) Conforming safety barriers for pools.
(16) Interior, thumb-knob door-locking mechanisms for primary means of egress.
(17) Suitable means of egress for all bedrooms, including properly functioning
windows.
(18) Bathroom privacy.
(19) GFCI-protection for electrical receptacles within six feet of a water source.
(20) Properly functioning hot and cold water mechanisms in kitchen and
bathrooms.
(21) No signs of active water leaks.
(22) Secure and intact high-voltage electric wiring, with no open splices or
permanently mounted extension cords.
(23) Dryer vents with exterior discharge and approved tubing.
B. Any inspection certificates required by this section shall be provided with the
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application.

§ 253-4. Issuance of certificate; violations; corrections.

A. If the subject dwelling passes inspection, the MCCUO shall be issued no later than
seven business days' after the inspection has concluded.
B. If the subject dwelling fails inspection, the Division of Code Enforcement shall so
notify the applicant and the record owner, if different from the applicant, in writing,
no later than five business days' after the completion of the inspection report. The
notice shall establish a time frame in which the violations must be cured. The
applicant must thereafter schedule a reinspection to determine if the violations have
been appropriately remediated. Unremedied violations preclude the issuance of the
MCCUO.

§ 253-5. Validity; expiration.

The MCCUO expires 180 days from the date issued. In the event of a change in
purchaser during that 180-day period, the MCCUO remains valid. Following expiration
of the 180-day period, a new MCCUO must be obtained.

§ 253-6. Exception.
A. Title may transfer without seller having obtained a MCCUO provided that the
parties to a transaction involving a residential dwelling file an affidavit, on a form
promulgated by the Township, jointly certifying as follows:
(1) The purchaser acknowledges and agrees, to refrain from occupying the subject
dwelling in any way until a certificate of occupancy or MCCUO is issued.
(2) The purchaser accepts sole and full responsibility to obtain all necessary
inspections, permits, and certifications, and to take all remedial action
necessary to qualify the subject dwelling for occupancy.
(3) The purchaser is subject to fines and penalties for noncompliance.
B. The affidavit permitted under this section must be filed with the Division of Code
Enforcement no later than 21 days before the scheduled closing date.
C. Failure to file the certification required by this subsection constitutes a violation of
this chapter, subject to the fines and penalties provided hereunder.
D. Purchasers of properties at public or private auction are subject to the provisions of
this subsection.

§ 253-7. Fees.
A. Application/inspection fee: $300.
B. Re-inspection fee: $150.
C. Transfer of title affidavit: $175.

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D. These charges do not cover fees that may be required to remedy violations
discovered or disclosed during inspection. Those additional fees must be paid
separately to the appropriate department or agency.

§ 253-8. Violations; penalties.

A. Violations of this chapter are subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5 and N.J.S.A. 40:69A-29, and any subsequent
amendments thereto.
B. Each and every day a violation of this chapter persists shall constitute a separate
violation.
C. Additional fines and penalties may be imposed for unremedied violations
discovered during the inspections required by this chapter. Fines and penalties
levied upon conviction for those underlying violations shall be imposed
cumulatively with fines and penalties imposed pursuant to the preceding
subsections.

§ 253-9. Effective date.

This chapter shall take effect on July 1, 2022.

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