[HISTORY: Adopted by the Township Council
of the Township of Pemberton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-6-2004 by Ord. No. 13-2004[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 107, Fire Prevention, Art. I, Adoption and Enforcement
of Standards, adopted 8-2-1985 by Ord. No. 16-1985, as amended.
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983 c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70 et seq.)
shall be locally enforced in the Township of Pemberton.
[1]
Editor's Note: See N.J.S.A. 52:27D et seq.
The local enforcing agency shall be the Pemberton
Township Bureau of Fire Prevention which is hereby created therein.
The Bureau of Fire Prevention shall hereinafter be known as the local
enforcing agency.
A.
The local enforcing agency shall enforce the Uniform
Fire Code in all buildings, structures and premises within the established
boundaries of the Township of Pemberton other than one- and two-unit
owner-occupied dwellings used exclusively for dwelling purposes and
buildings, structures and premises owned or operated by federal government,
interstate agencies or the state.
B.
The local enforcing agency shall faithfully comply
with all the pertinent requirements of the Uniform Fire Safety Act
and the Uniform Fire Code.
A.
Appoint and qualifications of the fire official. The
Fire Official shall be certified by the state and appointed by the
governing body from a list of three names submitted by the Mayor of
Pemberton Township.
B.
Appointment and qualifications of inspectors and other
employees. Inspectors and other employees of the enforcing agency
shall be appointed by the governing body upon recommendation of the
Fire Official. All life-hazard use inspectors shall be certified by
the state.
C.
Appointment of legal counsel. The Township Solicitor
of the Township of Pemberton shall be designated as legal counsel
to assist the agency in enforcing the Uniform Fire Code.
D.
Term of office. The Fire Official shall serve for
a term of a minimum of one year. Any vacancy shall be filled for the
unexpired term.
E.
Removal from office. The Fire Official, inspectors
and other employees of the agency shall be subject to removal by the
governing body for just cause. Before removal from office, all persons
shall be afforded an opportunity to be heard by the governing body
or a hearing officer designated by the same.
A.
In addition to the registrations required by the Uniform
Fire Code, the following non-life-hazard uses shall register with
the Bureau of Fire Prevention. These uses shall be inspected once
per year and pay an annual fee.
(1)
Assembly.
Use
|
Fee
| |
---|---|---|
A-1
|
Eating establishment under 50
|
$25.00
|
A-2
|
Take-out food service (no seating)
|
$25.00
|
A-3
|
Church or synagogue
|
$25.00
|
A-4
|
Recreation centers, multipurpose rooms, etc.,
fewer than 100
|
$50.00
|
A-5
|
Court rooms, libraries, fraternal organizations,
condominium centers fewer than 100
|
$50.00
|
A-6
|
Senior citizen centers fewer than 200
|
$50.00
|
(2)
Business professional.
Use
|
Fee
| |
---|---|---|
B-1
|
Professional use one- and two-story less than
5,000 square feet per floor
|
$25.00
|
B-2
|
One- and two-story more than 5,000 square feet
and less than 10,000 square feet per floor
|
$50.00
|
B-3
|
One- and two-story more than 10,000 square feet
|
$75.00
|
B-4
|
Three- to five-story less than 5,000 square
feet per floor
|
$100.00
|
B-5
|
Three- to five-story more than 5,000 square
feet and less than 10,000 square feet per floor
|
$150.00
|
B-6
|
Three- to five-story 10,000 square feet per
floor
|
$200.00
|
(3)
Retail (mercantile).
Use
|
Fee
| |
---|---|---|
M-1
|
One- and two-story less than 5,000 square feet
per floor
|
$125.00
|
M-2
|
One- and two-story more than 5,000 square feet
and less than 10,000
|
$150.00
|
M-3
|
One- and two-story more than 10,000 square feet
per floor
|
$175.00
|
M-4
|
Three- to five-story less than 5,000 square
feet per floor
|
$200.00
|
M-5
|
Three- to five-story more than 5,000 square
feet and less than 10,000 square feet
|
$225.00
|
M-6
|
Three- to five-story over 10,000 square feet
|
$250.00
|
NOTE: M, with the exception of hardware store
3,000 square feet and retail store over 12,000 square feet, are life-hazard
uses.
|
(4)
Manufacturing (factory).
Use
|
Fee
| |
---|---|---|
F-1
|
One- and two-story less than 5,000 square feet
per floor
|
$75.00
|
F-2
|
One- and two-story more than 5,000 square feet
and less than 10,000 square feet per floor
|
$100.00
|
F-3
|
One- and two-story more than 10,000 square feet
|
$150.00
|
F-4
|
Three- to five-story less than 5,000 square
feet per floor
|
$175.00
|
F-5
|
Three- to five-story more than 5,000 square
feet and less than 10,000 square feet
|
$200.00
|
F-6
|
Three- to five-story over 10,000 square feet
|
$250.00
|
(5)
Storage S-1 (moderate-hazard S-1, low-hazard S-2)
Use
|
Fee
| |
---|---|---|
S-1
|
One- and two-story less than 5,000 square feet
per floor
|
$50.00
|
S-2
|
One- and two-story more than 5,000 square feet
and less than 10,000 square feet per floor
|
$100.00
|
S-3
|
One- and two-story more than 10,000 square feet
|
$150.00
|
S-4
|
Three- to five-story less than 5,000 square
feet per floor
|
$175.00
|
S-5
|
Three- to five-story more than 5,000 square
feet and less than 10,000 square feet
|
$200.00
|
S-6
|
Three- to five-story over 10,000 square feet
|
$250.00
|
(6)
Residential (LEA listed with multifamily BHI). Fee
is for each building.
Use
|
Fee
| |
---|---|---|
R-1
|
1 to 6 units
|
$25.00
|
R-2
|
7 to 12 units
|
$50.00
|
R-3
|
13 to 20 units
|
$75.00
|
R-4
|
21 to 50 units
|
$100.00
|
R-5
|
For each additional unit
|
$2.00
|
(7)
Common areas.
(a)
Common areas (each building).
Use
|
Fee
| |
---|---|---|
R-1
|
One- and two-story less than 5,000 square feet
per floor
|
$50.00
|
R-2
|
One- and two-story more than 5,000 square feet
and less than 10,000 square feet per floor
|
$75.00
|
R-3
|
One- and two-story more than 10,000 square feet
|
$100.00
|
R-4
|
Three- to five-story less than 5,000 square
feet per floor
|
$125.00
|
R-5
|
Three- to five-story more than 5,000 square
feet and less than 10,000 square feet
|
$150.00
|
R-6
|
Three- to five-story over 10,000 square feet
|
$200.00
|
(b)
Common areas (LEA not listed BHI) (each building).
Use
|
Fee
| |
---|---|---|
R-1
|
One- and two-story less than 5,000 square feet
per floor
|
$50.00
|
R-2
|
One- and two-story more than 5,000 square feet
and less than 10,000 square feet per floor
|
$75.00
|
R-3
|
One- and two-story more than 10,000 square feet
|
$100.00
|
R-4
|
Three- to five-story less than 5,000 square
feet per floor
|
$125.00
|
R-5
|
Three- to five-story more than 5,000 square
feet and less than 10,000 square feet per floor
|
$150.00
|
R-6
|
Three- to five-story over 10,000 square feet
|
$200.00
|
B.
R-A uses shall be inspected and charged a fee only
upon sale or change of tenant.
C.
Uses not classified above that are subject to the
Uniform Fire Code will be classified as business uses.
D.
Uses required to register with the state as life-hazard
uses shall not be required to register under this section.
E.
In the discretion of the Fire Official, vacant buildings
will be charged and inspected according to the previous use of the
building.
F.
All residential uses except R-A uses shall be inspected
in the common areas only.
A.
The application fees for the permits listed in N.J.A.C.
5:70-2.7(b) shall be as provided by state regulation and are currently
as follows:
Type
|
Fee
|
---|---|
1
|
$42.00
|
2
|
$166.00
|
3
|
$331.00
|
4
|
$497.00
|
B.
The cost for the issuance of a certificate of Fire
Code status shall be $35.
C.
Fees: certificate of smoke detector and carbon monoxide
alarm. The application fee for a certificate of smoke detector and
carbon monoxide alarm compliance (CSDSMAC) as required by N.J.A.C.
5:70-2.3 shall be based upon the amount of time remaining before the
change of occupant is expected as follows:
Regulations concerning open burning shall be
in accordance with the provisions of the Uniform Fire Code.
(Reserved)
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act, any person aggrieved by an action of the local enforcing
agency shall have the right to appeal to the local construction board
of appeals. If no such body exists, appeals shall be made to the County
Construction Board of Appeals.
Enforcement, violations and penalties shall
be managed in conformity with the Uniformity Fire Safety Act, the
Uniform Fire Code and all other laws of the State of New Jersey.