Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk 5-6-2010 by Ord. No. O-2010-32.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 40A.
Uniform construction codes — See Ch. 54.
Fire prevention — See Ch. 64.
Noise — See Ch. 74A.
[1]
Editor's Note: This ordinance also repealed former Ch. 82, Smoke Detectors, adopted 11-3-1977.

§ 82-1 Definitions.

For the purposes of this chapter, the following terms are defined:
BATTERY-OPERATED CARBON MONOXIDE ALARM
A single station device, which is battery powered, that will indicate the presence of carbon monoxide and sound an alarm.
BATTERY-OPERATED SMOKE DETECTOR
A single station device, which is battery powered, that will indicate the presence of smoke and sound an alarm.
CARBON MONOXIDE ALARM
Whenever used in this section shall mean a device that is capable of detecting harmful amounts of carbon monoxide and sounding an alarm audible in all sleeping areas. Any such carbon monoxide alarm installed shall bear a seal, tested and listed by an approved rating organization as Underwriters Laboratories, Inc. (U.L.), or Factory Mutual Laboratories (F.M.) or other nationally recognized testing laboratory. Said device shall also be equipped with a sound audible signal denoting failure of equipment and a testing device. Said device shall have sufficient battery power to sound an alarm signal for at least four continuous minutes.
DUAL-OPERATED CARBON MONOXIDE ALARM
A device which shall be connected to an emergency electrical system that complies with the electrical subcode to assure continued service in case of emergency or primary power loss. Alternatively, said dual-operated carbon monoxide alarm may consist of a single station battery-powered, or hard-wired, carbon monoxide alarm that incorporates a smoke detector within the same warning device.
DUAL-OPERATED SMOKE DETECTOR
A device which shall be connected to an emergency electrical system that complies with the electrical subcode to assure continued service in case of emergency or primary power loss. Alternatively, said dual-operated smoke detector may consist of a single station battery-powered smoke detector installed within two feet of an existing hard-wired smoke detector or two single station battery-powered smoke detectors installed within two feet of each other.
DWELLING
A building having one or more rooms providing living facilities for one family including equipment for cooking or provisions for same; provided, however, that trailers or campers as defined in Chapter 96, Unified Development, shall not be considered as a dwelling within the scope of this chapter.
MULTIFAMILY DWELLING
Three or more dwellings located within a single building, with a private entrance to each dwelling, not more than three stories above ground level.
SMOKE DETECTOR
Whenever used in this section shall mean a fire alarm device capable of sensing visible or invisible particles of combustion, providing suitable alarm audible in all sleeping areas. Any such smoke detector installed shall bear a seal, tested and listed by an approved rating organization as Underwriters Laboratories, Inc. (U.L.), or Factory Mutual Laboratories (F.M.) or other nationally recognized testing laboratory. Said device shall also be equipped with a sound audible signal denoting failure of equipment and a testing device. Said device shall have sufficient battery power to sound an alarm signal for at least four continuous minutes.
TWO-FAMILY DWELLING
A freestanding building on one lot, or within a lot held in common ownership serving two families, with private entrances to each dwelling.

§ 82-2 Alarms required for existing dwellings.

All existing one- and two-family dwelling units in the Township shall be equipped with, at a minimum, battery-powered smoke detectors and carbon monoxide alarms as further provided for herein below. All such battery-powered smoke detectors and carbon monoxide alarms shall be purchased and installed by the owner of the dwelling. If the dwelling is a rental unit, it shall be the responsibility of the tenant to maintain the battery in good working order.

§ 82-3 Certification and inspection fees.

The Fire Official shall charge the following fees for smoke detector certifications and inspections:
A. 
The Fire Official shall, through the Bureau of Fire Prevention, inspect all one- and two-family dwellings and multifamily dwellings for compliance with the Uniform Fire Safety Act[1] smoke detector and carbon monoxide alarm requirements. The application fee for each dwelling unit for said certification shall be $50 if received seven or more business days prior to the change of occupancy, and $75 if received six or fewer business days prior to the change of occupancy.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
B. 
If the Fire Official or his or her designee is required to perform a reinspection to assure compliance of the Uniform Fire Safety Act requirements for smoke detectors and carbon monoxide alarms, a reinspection fee of $25 shall be charged for each reinspection within 90 days of the initial inspection. If a reinspection does not occur within 90 days, then the fees applicable to a new inspection shall apply.

§ 82-4 Alarms required for new dwellings and existing multifamily dwellings.

No certificate of occupancy shall be issued for any dwelling by the Township Construction Official unless said official certifies that such dwelling is equipped with dual-powered smoke detectors and carbon monoxide alarms as defined herein above. Additionally, for existing multifamily dwelling units no person shall rent to another or suffer or permit occupancy by another of any rental dwelling unless said rental units are equipped with dual-powered smoke detectors and carbon monoxide alarms as defined hereinabove. In any rented dwelling unit, the owner shall be responsible for maintaining and replacing the batteries as needed in the dual-powered emergency electrical system when the dual-operated smoke detector or carbon monoxide alarm consists in part of a single station battery-powered smoke detector or carbon monoxide alarm. All such battery-powered smoke detectors and carbon monoxide alarms within the dwelling unit shall be purchased, installed and maintained in good working order by the tenant of the dwelling. All other battery-powered smoke detectors and carbon monoxide alarms such as in common areas shall be the responsibility of the owner notwithstanding the responsibility of the owner to maintain the unit in all other respects.

§ 82-5 Minimum specifications.

In compliance with the New Jersey Uniform Construction Code (latest edition of the International Building Code, New Jersey Edition, as amended and supplemented), and the New Jersey Uniform Fire Code, and the National Fire Protection Association Fire Codes applicable standards, and regulations for the maintenance of hotels and multiple dwellings concerning smoke detectors and carbon monoxide alarms.

§ 82-6 Location; number of alarms.

A. 
A minimum of two approved smoke detectors shall be installed in a single- and two-family dwelling having a basement; a minimum of one approved smoke detector shall be installed in single-family dwellings having no basement. Smoke detectors shall be located on a ceiling or wall according to the manufacturer's instruction generally not closer than four inches from where the ceiling and wall meet and no further than 12 inches from the ceiling when locating a wall-type detector. In dwelling units with split levels, a smoke detector alarm installed on the lower level shall suffice for the adjacent upper level provided the lower level is less than one full story below the upper level. If there is an intervening door between the adjacent levels, a smoke detector shall be installed on both levels. Smoke detectors shall not be placed within three feet of any air supply register. Smoke detectors when required inside a bedroom or outside of a group of bedrooms, in the immediate vicinity of the sleeping area, shall be located so that when activated it will sound an alarm sufficiently audible to warn any sleeping occupant(s) when outside a bedroom or group of bedrooms, said smoke detectors shall be within 10 feet of sleeping room(s). In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level provided the lower level is less than one full story below the upper level. If there is an intervening door between the adjacent levels, a smoke detector must be installed on both levels.
B. 
A minimum of one carbon monoxide alarm shall be installed in the immediate vicinity of each sleeping area as stated by manufacturer recommendations. Said carbon monoxide alarm shall be within 10 feet of each sleeping room. In dwelling units with split levels, a carbon monoxide alarm installed on the lower level shall suffice for the adjacent upper level provided the lower level is less than one full story below the upper level. If there is an intervening door between the adjacent levels, a carbon monoxide alarm must be installed on both levels.

§ 82-7 Enforcement and implementation.

A. 
The codification of this section within this chapter shall not be considered to vest exclusive jurisdiction to the Fire Prevention Bureau in the terms of its enforcement, and violations of this section may be enforced by other Township officials.
B. 
These powers of the Fire Official shall be in addition and supplemental to all other powers of the municipality and its officers and departments to enforce the ordinance of the municipality. Enforcement also may be initiated by any citizen by the filing of a complaint in municipal court on forms provided by the clerk of the court. In such circumstances, the clerk of the court shall issue a summons and provide for service of summons and complaint as authorized by law.

§ 82-8 Violations and penalties.

Any person who violates any of the provisions of this chapter, or fails to comply with any order issued by an authorized person acting pursuant to lawful authority in the enforcement of this chapter, shall be subject to a fine of not more than $500.