Brick Township does not set a numeric guests-per-bedroom cap in Chapter 239 (Short-Term Rentals). Instead, the Construction Code Official establishes the occupancy limit on the rental Certificate of Occupancy issued under Chapter 169 (Housing Standards) before any rental begins, applying the New Jersey State Housing Code (N.J.A.C. 5:28) minimum sleeping-room and habitable-space standards. Because Chapter 239 (Ord. No. 21-20, Nov. 10, 2020) bans rentals under 30 days off the barrier island and limits barrier-island rentals to a 7-day minimum during May 15 - October 15, occupancy figures only apply to lawful seasonal rentals.
Brick Township regulates rental occupancy through Chapter 169 (Housing Standards), Article II (Maintenance; Inspections Prior to Occupancy) rather than through a fixed numeric formula in Chapter 239. The owner of any residential building that is rented or intended to be rented must apply to the Construction Code Official, in writing, for a Rental Certificate of Occupancy prior to each initial occupancy or any reoccupancy, and must list the square-footage dimensions of each bedroom, living-room area, kitchen area, and bathroom area, plus the names and number of all tenants. The Certificate issued by the Construction Code Official shall establish the occupancy limits of the property. The Township applies the New Jersey State Housing Code (N.J.A.C. 5:28) and the Hotels and Multiple Dwellings Law where applicable; that state framework requires every habitable room used for sleeping to meet minimum floor-area standards (generally not less than 70 square feet for one occupant and at least 50 additional square feet for each additional occupant), with ceiling-height and light-and-ventilation requirements. If an owner applies for a certificate before selecting a tenant, the certificate is valid for 60 calendar days and the owner must register the actual occupants within 10 calendar days of selection or the certificate becomes invalid. Because Chapter 239 bans rentals under 30 days throughout most of the Township and only allows minimum 7-day rentals on the barrier island during the May 15 - October 15 season, the occupancy-limit issued on the rental Certificate is the operative cap for lawful short-term rentals; no separate per-bedroom occupancy multiplier is published in the Code.
Renting in excess of the Certificate of Occupancy limits, or renting without a Certificate, is enforced by Code Enforcement and the Construction Code Official. Chapter 239 violations carry fines up to $1,000 per day under N.J.S.A. 40:49-5, with each day a separate offense, plus possible revocation of the rental license. Housing Standards violations under Chapter 169 may result in additional municipal-court penalties and stop-rental orders.
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