[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.]
This chapter shall be known and designated as the "Smoke Detector
Ordinance of the Township of Mine Hill."
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.
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]
(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.
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]]
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; 2-4-2016 by Ord. No. 01-16]
G.
The owner(s) and/or selling agent 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.
[Amended 2-4-2016 by Ord.
No. 01-16]
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; 2-4-2016 by Ord. No. 01-16]
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; 2-4-2016 by Ord. No. 01-16]
[Added 4-7-1988 by Ord. No. 399-88; amended 12-18-2014 by Ord. No. 26-14; 2-4-2016 by Ord. No. 01-16]
The fee for a certificate of habitability combined with the fee for the firesafety inspection shall be as set forth in Chapter 235, Fees.
