Township of Mine Hill, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mine Hill by Ord. No. 262-80 (Ch. IX, Sec. 9-2, of the 1986 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 40.
Alarm systems — See Ch. 132.
Fire prevention — See Ch. 252.

§ 437-1 Title.

This chapter shall be known and designated as the "Smoke Detector Ordinance of the Township of Mine Hill."

§ 437-2 New construction.

One or more approved smoke detectors or other approved automatic fire alarm system shall be installed in all new residential and new nonresidential structures in accordance with all the standards, specifications and requirements of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1.1 et seq.) and, in particular, Article 12 (Fire Protection Systems) and the BOCA Basic Building Code/1978, including any and all subsequent revisions and amendments thereto, which said BOCA Building Code is incorporated by reference as a part of the New Jersey Uniform Construction Code, with said Article 12 forming a part of the New Jersey Fire Protection Subcode.

§ 437-3 Existing structures.

A. 
Single-family, two-family houses and multifamily dwellings.
[Amended 6-18-1992 by Ord. No. 483-92]
(1) 
No owner of an existing single-family, two-family or multifamily dwelling, on or after the effective date of this chapter, shall sell, lease, sublease, assign, transfer possession or otherwise change a residential occupancy in said dwelling described above, unless and until those premises pass a municipal inspection which shall require that each floor of said dwelling unit shall have one or more smoke detectors installed and operational in accordance with the requirements of said Article 12 of the BOCA Basic Building Code (1978), as revised and amended, the Uniform Construction Code and the Uniform Fire Safety Act, P.L. 1983, c. 383, codified at N.J.A.C. 5:70.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
No existing single-family, two-family or multifamily dwelling shall be increased in floor area or height by addition, repair or alteration, or otherwise altered or repaired, whether such repairs are necessitated by damage caused by fire or other cause, if the addition, expansion, repairs or alterations to the dwelling unit in question are sufficiently extensive to require the securing of a construction permit from the Construction Code Official, without the installation of one or more smoke detectors (or other approved automatic fire alarm system) for each residential dwelling unit so increased, expanded, altered or repaired, in accordance with the requirements of said Article 12 of the BOCA Building Code, as revised and amended, and other relevant provisions of the New Jersey Uniform Construction Code.
B. 
Structures converted to residential use. On or after the effective date of this chapter, no existing structure, or any portion thereof, shall be converted (changed) from a nonresidential to a residential use involving one or more dwelling units without the installation of one or more smoke detectors (or other approved fire alarm system) for each residential (dwelling) unit created by such conversion (change) in accordance with said Article 12 of the said BOCA Building Code and all other relevant requirements of the New Jersey Uniform Construction Code.

§ 437-4 Enforcement.

A. 
The Fire Marshal of the Township, or in case of his absence or unavailability, the Fire Prevention Fire Inspector, shall be responsible for the enforcement of the requirements of this chapter for any resale or change of occupancy in any residential dwelling within the Township. Said Fire Subcode or Construction Code Official or Fire Marshal, as the case may be, shall inspect and approve all smoke detectors and other fire alarm systems installed in accordance with the provisions of this chapter, the New Jersey Uniform Construction Code and/or the Uniform Fire Safety Act, including the approval of the location or locations selected for such installation.
[Amended 6-18-1992 by Ord. No. 483-92[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
No building permit for new construction or for the expansion, alteration or repair of existing structures requiring installation of a smoke detector (or other approved fire alarm system) in accordance with the terms of this chapter and/or the Uniform Construction Code shall be issued unless the plans for such construction, expansion, alteration or repair include provisions for installation of a fire detector(s) or other approved fire alarm system.
C. 
No certificate of occupancy shall be issued by the Construction Code Official responsible for such certificates for any new construction or any structure which has been expanded, altered or repaired where a smoke detector(s) or other fire alarm system is required unless same has been installed, inspected and approved by the Fire Subcode Official (or Construction Code Official).
D. 
No certificate of occupancy shall be issued by the Construction Code Official responsible for such certificates where a structure has been converted (changed) in whole or in part to residential use until a smoke detector(s) or other approved fire alarm system has been installed, inspected and approved by the Fire Subcode Official (or Construction Code Official).
E. 
In order to inform prospective purchasers of residential properties within the Township that no residential dwelling unit may be sold without first installing a smoke detector(s) or other approved fire alarm system in accordance with the requirements of this chapter and the New Jersey Uniform Construction Code and the Uniform Fire Safety Act, each and every tax search issued by the Township shall contain a statement calling attention to the requirements of this chapter and shall include a certification for the seller to execute and deliver to the purchaser at the closing of title, attesting to compliance with the provisions of this chapter. Such certification form shall be forwarded with each tax search ordered.
[Amended 6-18-1992 by Ord. No. 483-92]
F. 
Whenever a smoke detector or other approved fire alarm system is required to be installed by this chapter, such requirement shall not be considered to have been complied with unless such smoke detector(s) or other type of fire alarm system is installed in accordance with all of the technical requirements and specifications of the New Jersey Uniform Construction Code (and the Building Code and subcodes adopted therein by reference) and the Uniform Fire Safety Act and has been inspected and approved by the Fire Subcode Official or (in the case of his unavailability or absence) the Construction Code Official or the Fire Marshal, whichever shall be applicable.
[Amended 6-18-1992 by Ord. No. 483-92[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
The owner(s) of the real estate upon which the structure in question is located shall be the party responsible for installation of smoke detectors or other fire alarm system in accordance with the requirements of this chapter, except where a tenant or other party in possession of the particular structure or dwelling unit has undertaken, at his (her) expense, the construction, expansion, alteration or repair which has resulted in the need to install a smoke detector(s) or other fire alarm system in accordance with the requirements of this chapter. In such event, such tenant or other party in possession shall be responsible for such installation.
H. 
Violations and penalties.
(1) 
Any owner, tenant or other party in possession of the property upon which is constructed or located a structure required to have installed therein a fire detector or other fire alarm system, and who fails to do so in accordance with the requirements of this chapter, shall be liable to the penalty established in § 1-3 of the Code of the Township of Mine Hill.
(2) 
It shall also constitute a violation of this chapter for any owner, in connection with the sale of residential property (structures containing one, two or multiple dwelling units), to fail to issue the certification required by Subsection D or to willfully issue a false certification, and such owner-seller shall be liable to the penalty established in § 1-3 of the Code of the Township of Mine Hill.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
The Fire Subcode Official, and in case of his absence or unavailability, the Construction Code Official and/or the Fire Marshal, is hereby empowered, upon reasonable advance notice to the owner and/or the tenant or other party in possession, to come upon any premises and enter any structure which is required to comply with the requirements of this chapter in order to verify compliance with this chapter, the New Jersey Uniform Construction Code and/or the Uniform Fire Safety Act and to otherwise carry out the objectives and enforcement of this chapter.
[Amended 6-18-1992 by Ord. No. 483-92[4]]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
The Fire Marshal shall maintain a list of all properties in the Township which have had smoke detectors or other fire alarm systems installed in accordance with the requirements of this chapter and the New Jersey Uniform Construction Code. This list shall be kept current as additional buildings within the Township are equipped with smoke detectors and other fire alarm systems in accordance with this chapter. The Tax Collector's office, in providing notice regarding the requirements of this chapter on all tax searches, shall also indicate whether or not this official list includes the property.
[Amended 6-18-1992 by Ord. No. 483-92[5]]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 437-5 Fee for certificate of habitability and firesafety inspection.

[Added 4-7-1988 by Ord. No. 399-88; amended 12-18-2014 by Ord. No. 26-14[1]]
The fee for a certificate of habitability combined with the fee for the firesafety inspection shall be as set forth in Chapter 235, Fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).