[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
V, Enforcement of Uniform Fire Safety Code, adopted 7-9-1985 by Ord.
No. 2335-85, as amended.
Pursuant to the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be enforced locally
within the Township of Toms River.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Toms River Bureau of
Fire Prevention, which is under the jurisdiction and control of the
Fire Commissioners of the Township of Toms River.
The local enforcing agency shall enforce the Uniform Fire Safety
Act[1] and the codes and regulations adopted pursuant thereto
in all buildings, structures and premises within the Township of Toms
River, other than owner-occupied one- and two-family dwellings, and
shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The local enforcing agency established by § 308-49 of this article shall carry out the periodic inspections of life-hazard uses and non-life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
Such funds as may be necessary to support the operations of
the local enforcing agency shall be raised by the Commissioners in
the manner provided by law.
A.
Appointment of Fire Official. The Fire Commissioners of the Township
of Toms River shall appoint the Fire Official, who shall serve as
the chief administrative and inspection official for said agency.
B.
Inspectors and employees. The local enforcing agency shall appoint
such other inspectors and other employees as are deemed necessary.
C.
Removal from office. The Fire Official, inspectors and other employees
of the local enforcing agency shall be subject to removal by the agency
for inefficiency or misconduct, but each person so removed shall be
afforded an opportunity to be heard by the Commissioners, consistent
with recognized standards of due process.
D.
Payment of salaries. The salaries of all employees of the local enforcing
agency shall be paid by the local enforcing agency. To the extent
that the permit and other fees received by said agency meet or exceed
the salary and benefit expense, the excess shall be retained by said
agency. The salary range for the Fire Official and other employees
of the local enforcing agency shall be established by the Commissioners.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcing
agency shall have the right to appeal to the County Construction Board
of Appeals of the County of Ocean.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
[Amended 5-12-2009 by Ord. No. 4194-09; 7-11-2017 by Ord. No. 4550-17]
In addition to the inspection and fees required pursuant to
the Act and the regulations of the Department of Community Affairs,
the following additional inspections and fees for those uses not defined
as life-hazard uses shall be required. The following buildings, uses
and premises contained in this section, other than those that are
incidental or auxiliary to the agricultural use of farm property,
are subject to registration and periodic inspection requirements as
hereby established. Where two or more of the same use or different
uses exist at the same building or premises, each one shall be considered
as separate and distinct for the purpose of this article and shall
be registered pursuant thereto:
A.
Uses.
(1)
Business use, as defined in the latest edition of the New Jersey
International Building Code, where there is a single tenant.
(a)
If there is a business use, as defined above, where there is
more than one tenant, the same would result in the use of the schedule
noted below, with the sole exception that an additional fee of $35
per tenant would be charged in each instance.
(b)
Where the building or structure has more than one use, which
may include a business use as defined herein, then each individual
use shall be subject to the appropriate fee as set forth in this article.
(2)
Mercantile uses, as defined in the latest edition of the New Jersey
International Building Code, shall be subject to the registration
fee as set forth in the schedule noted below.
(3)
Storage buildings, as defined in the latest edition of the New Jersey
International Building Code, shall be subject to the registration
fee as set forth in the schedule noted below.
(4)
Factory and industrial uses, as defined in the latest edition of
the New Jersey International Building Code, shall be subject to the
registration fee as set forth in the schedule noted below.
|
Total Gross Floor Area Including Basement
(square feet)
|
Registration Fee
|
|---|---|
|
0 to 1,000
|
$45
|
|
1,001 to 2,000
|
$55
|
|
2,001 to 2,500
|
$60
|
|
2,501 to 3,500
|
$70
|
|
3,501 to 4,500
|
$85
|
|
4,501 to 5,000
|
$90
|
|
5,001 to 6,000
|
$95
|
|
6,001 to 7,000
|
$100
|
|
7,001 to 7,500
|
$110
|
|
7,501 to 8,000
|
$120
|
|
8,001 to 9,000
|
$130
|
|
9,001 to 9,500
|
$140
|
|
9,501 to 10,500
|
$160
|
|
10,501 to 11,500
|
$180
|
|
11,501 to 12,000
|
$190
|
|
Note: For each additional 1,000 square feet or more, the registration
fee is an additional $15.
|
(5)
Eating and drinking establishments in which alcoholic beverages are
not consumed, with less than 50 occupants: The fee shall be $90.
(6)
Hotels and motels with 100 rooms or less and not defined as life-hazard
uses: The fee shall be $150.
(7)
Buildings where less than 100 persons assemble for the purpose of
amusement, entertainment, recreation centers and health spas: The
fee shall be $150.
(8)
A dwelling unit with a multifamily apartment house (R-2) or multi-condominium
or townhouse (R-5), as defined in the latest edition of the New Jersey
International Building Code: The fee shall be $15 per dwelling unit.
(9)
Fire hydrant inspection: $30 each.
(11)
Bank charge: $20 or equivalent to current bank surcharges for
any bounced check.
(13)
Fire reports: $30 each.
(14)
Request for photos/CD: $30.
B.
Required inspections. All uses as listed in the aforementioned schedule
shall be inspected annually for compliance with the provisions of
this article.
C.
Plan review. Initial review of a site plan or subdivision by the
Bureau is required to be made. When an applicant undertakes any alterations
or changes, which change the original site plan or subdivision, the
plans must be resubmitted and reviewed by the Bureau. All reviews
are valid for a one-year period, after which a review will be deemed
unacceptable and resubmission will be required. The fees shall be
as set forth below:[1]
D.
Before any residential structure is sold, leased, or otherwise made
subject to a change in occupancy for residential purposes, the owner
shall obtain a certificate of smoke detector, carbon monoxide alarm
compliance, and portable fire extinguisher certificate (CSDCMAC) from
the appropriate enforcing agency (Toms River Bureau of Fire Prevention).
The owner or the authorized agent of the owner shall apply for the
CSDCMAC on a form provided by the enforcing agency. The appropriate
fee as set forth in N.J.A.C. 5:70-2.9(d) shall be paid upon approval
of the inspection.
(1)
There shall also be the following fees as set forth below:
(a)
For each residential resale CSDCMAC and portable fire extinguisher
certification: $75.
(b)
Additional for each missed scheduled appointment time by the
applicant: $75.
(c)
No additional charge for first reinspection after initial failure.
(d)
For second reinspection and each subsequent reinspection conducted:
$35.
(e)
For each duplicate certificate processed: $30.
F.
Standby fees:
(1)
Fees for extracurricular activities which shall require additional
Fire Department presence or standby due to the scope of actions shall
require a standby fee as established by the Toms River Board of Fire
Commissioners District No. 1 and District No. 2/Bureau of Fire Prevention.
The standby fee shall be as determined by the Chief Inspector or his/her
designee. Public events sponsored by the Township of Toms River shall
be exempt from standby fees.
(2)
Fire Department costs (one-hour minimum unless stated otherwise):
(a)
Fire engine: $200/hour with crew (one driver and three firefighters;
one must be an officer or acting officer).
(b)
Ladder truck: $300/hour with crew (one driver and four firefighters;
one must be identified as an officer).
(c)
Rescue unit: $250/hour with crew (one driver and four firefighters;
one must be an acting officer).
(d)
Brush unit: $100/hour with crew (one driver and two firefighters;
one must be an acting officer).
(e)
Fire boat: $150/hour with crew (one driver and two firefighters;
one must be considered an officer).
(f)
Certified fire inspector standby: $75/hour (two-hour minimum).
[1]
If an owner/owners or responsible party is contacted and requested to respond to a building or business due to the activation of fire alarm, fire sprinkler system or other conditions warranting emergency response and does not have available a responsible representative to arrive within 30 minutes of contact or notification, a standby fee, as stated in Subsection F, shall be instituted for every one hour of incremented time that the Fire Department and/or Inspector must remain on scene until arrival.
All penalties as indicated in the New Jersey Administrative Code, Title 5, Chapters 70 and 70B, (Uniform Fire Code) shall be adopted for the purpose of enforcing this article, except those penalties imposed as hereinafter provided for violations of this article not included within the Uniform Fire Code or authorized by the Uniform Fire Safety Act. Failure to register non-life-hazard uses or to pay the appropriate fees for registration concerning non-life-hazard uses, as defined in § 308-55, shall result in the imposition of penalties pursuant to the code.
