Township of North Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Mayor and Council) of the Township of North Brunswick 3-1-1971; amended in its entirety 9-2-1986. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Volunteer Fire Department — See Ch. 32.
[1]
Editor's Note: Former Article I, General Provisions, consisting of §§ 176-1 through 176-11, was repealed 1-17-1995.

§ 176-1 through § 176-11. (Reserved)

[Amended 4-6-1992]

§ 176-12 Legislative findings.

The Mayor and Council find and determine as follows:
A. 
The Uniform Fire Safety Act (P.L. 1983, c. 383)[1] was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
B. 
The Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose.
C. 
It in is the best interest of the Township to have the Uniform Fire Safety Act enforced locally.

§ 176-13 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act,[1] the New Jersey Uniform Fire Code shall be locally enforced in the Township.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 176-14 Enforcing agency.

[Amended 2-12-2001 by Ord. No. 01-1]
The local enforcing agency shall be the Bureau of Fire Safety/Fire Marshal's office located within the municipal offices of the Township of North Brunswick and shall be comprised of the Fire Official or Fire Marshal, as defined in N.J.A.C. 5:70-1.5, fire inspector(s) or Deputy Fire Marshal, as defined in N.J.A.C. 5:71-2.3(b), and clerical help as necessary to carry out the responsibilities of the agency.

§ 176-15 Duties of enforcing agency.

The local enforcement agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township 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-202.

§ 176-16 Life-hazard uses.

The local enforcing agency established by § 176-14 shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 176-17 Organization.

[Amended 2-12-2001 by Ord. No. 01-1; 2-4-2008 by Ord. No. 08-01]
The local enforcing agency established by § 176-14 shall be comprised of employees of the Township of North Brunswick under the direct supervision and control of the Fire Marshal. His/her office shall be part of the municipal offices within the Department of Community Development and shall be under the supervision and control of the Director of Community Development or his/her designee. The local enforcing agency established by § 176-14 shall be comprised of employees of the Township of North Brunswick under the direct supervision and control of the Fire Marshal.

§ 176-18 Appointments; terms of office; removal.

[Amended 1-17-1995]
A. 
The local enforcing agency shall be under the direct supervision of the Fire Official who shall be appointed by the Mayor.
B. 
Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor.
C. 
Fire Marshal/Fire Official and Inspector/Deputy Fire Marshal(s) and other employees of the enforcing agency shall be subject to removal by the Township Administrator for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
[Amended 2-12-2001 by Ord. No. 01-1]

§ 176-19 Fire Official; investigations.

[Amended 4-20-1992; 1-17-1995; 2-12-2001 by Ord. No. 01-1]
Investigations required to be performed by the Bureau of Fire Safety shall conform with the requirements of the Uniform Fire Code, N.J.A.C. 5:71-33(a)25.

§ 176-20 Board of Appeals.

[Amended 4-20-1992]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency shall have the right of appeal to the Construction Board of Appeals of Middlesex County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.

§ 176-21 Additional required inspections and fees.

[Amended 4-20-1992; 1-17-1995; 2-12-2001 by Ord. No. 01-1; 6-2-2003 by Ord. No. 03-19; 2-4-2008 by Ord. No. 08-01]
In addition to the inspection and fees required pursuant to the Uniform Fire Safety Act[1] and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
A. 
Single-family, two-family and multifamily homes:
(1) 
The Fire Marshal or Deputy Fire Marshal shall inspect for the presence and good working order of smoke detectors, carbon monoxide detectors, and fire extinguishers in all single-family, two-family and multifamily residences prior to resale or other change of occupancy, and if the property is in compliance, shall issue an appropriate certificate.
(2) 
The application fee for a certificate of compliance shall be based upon the amount of time remaining before the change of occupancy is expected, as follows:
(a) 
Requests received more than 10 business days prior to change of occupant require a fee of $45.
(b) 
Requests received four to 10 business days prior to the change of occupant requires a fee of $75.
(c) 
Requests received fewer than four business days prior to the change of occupant requires a fee of $125.
(d) 
Requests for a certificate of compliance for two family and multifamily homes will require an additional fee of $45.
(e) 
Any residence that requires a reinspection will require an additional fee of $15.
B. 
Non-life-hazard businesses.
(1) 
The application fee shall be based on area square footage as follows:
Area
(square feet)
Fee
0 to 2,000
$55
2,001 to 5,000
$75
5,001 to 10,000
$100
10,001 to 25,000
$135
25,001 to 50,000
$165
50,001 to 100,000
$265
(2) 
For each additional 1,000 square feet, the fee shall be $2, or $0.002 per square foot.
(3) 
These fees shall be paid by the occupant using the facility.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 176-22 Revenue generated.

[Amended 4-20-1992; 1-17-1995; 2-12-2001 by Ord. No. 01-1]
Revenue generated by the Bureau of Fire Safety shall be deposited in the North Brunswick Treasury, with the exception of penalties and dedicated compensatory penalties. Pursuant to P.L. 1991 c. 489,[1] funds received from penalties imposed under the State Uniform Fire Code [N.J.A.C. 5:70-2.12 10.(f) 2, Penalties, and N.J.A.C. 5:70-2.12A 3(b), Dedicated Compensatory Penalties.] shall be "dedicated by rider" specifically for supporting the local enforcing agency and for firefighter training and/or new firefighting equipment.
[1]
Editor's Note: See N.J.S.A. 52:27D-210.

§ 176-23 Title.

[Amended 4-20-1992]
This article shall be known as and may be cited as the "Fire Safety Ordinance."

§ 176-24 Budget.

[Added 1-17-1995]
The Fire Official shall prepare an annual operating budget and submit same to the North Brunswick Finance Officer.

§ 176-25 Inspection and fees; issuance of zoning permit for use; penalties.

[Added 2-12-2001 by Ord. No. 01-1]
The Fire Official or Fire Inspector shall conduct an inspection prior to the issuance of a zoning permit for use issued by the Zoning Officer each time there is a change in tenant in a nonresidential building. The fee for this change of use inspection shall be $0.08 per square foot of gross floor are, subject to a maximum charge of $15,000. The square footage of the overall area, as interpreted for fee purpose, shall be computed as the product of the greatest width dimension and the greatest length dimension (maximum width times maximum length) of each floor. If there is a basement, mezzanine or similar floor, it shall be counted as one floor in addition to the other floors. All revenue generated through the change in use inspection prior to the issuance of the zoning permit for use shall be applied to offset the salary expenses of the Bureau of Fire Safety.
A. 
Tenants who occupy building space and who fail to obtain a zoning permit for use shall be subject to a penalty fine not to exceed $1,000 and an additional individual daily penalty not to exceed $500 per day, as determined by the Zoning Officer. If the tenant fails to pay the penalty fine levied by the Township against the tenant, then the Township reserves the right to seek enforcement and collection of violation of this section against the property owner.