[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.
[Amended 4-6-1992]
The Mayor and Council find and determine as
follows:
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.
[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.
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.
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.
[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.
[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]
[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.
[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.
[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 uses. The Fire Marshal's office shall
carry out periodic inspections of non-life-hazard uses required by
the Uniform Fire Code on behalf of the Commissioner of Community Affairs
on a schedule of once every three years.
[Amended 9-5-2017 by Ord.
No. 17-11]
(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.
[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.
[Amended 4-20-1992]
This article shall be known as and may be cited
as the "Fire Safety Ordinance."
[Added 1-17-1995]
The Fire Official shall prepare an annual operating
budget and submit same to the North Brunswick Finance Officer.
[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.
