[Adopted 11-14-1988 by Ord. No. 88-17]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383[1]) the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Beach Haven.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The local enforcing agency shall be the office of the Ocean County Fire Marshal as authorized by the Ocean County Board of Chosen Freeholders.
The Ocean County Fire Marshal shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Borough of Beach Haven 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.
The office of the Ocean County Fire Marshal shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The local enforcing agency established by § 95-90 of this Part 2 shall be in the office of the Ocean County Fire Marshal and shall be under the direct supervision and control of the Ocean County Fire Marshal who shall serve as the Fire Official. The local enforcing agency shall consist of said Fire Official and such other inspectors and employees as may be necessary to enforce said code, being appointed by the Ocean County Board of Chosen Freeholders pursuant to the procedures set forth hereinbelow.
A. 
Fire Official. The local enforcing agency shall be under the supervision of the Ocean County Fire Marshal who shall be appointed by the Ocean County Board of Chosen Freeholders.
B. 
Inspectors and employees. Such inspectors and other employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Ocean County Board of Chosen Freeholders.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by a ruling, action, notice or order of the local enforcing agency shall have the right of appeal to the Construction Board of Appeals of the County of Ocean.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The permit fee shall be established pursuant to the Uniform Fire Code. They shall be as follows, unless modified by resolution of the Ocean County Board of Chosen Freeholders and ordinance of the Borough of Beach Haven:
Permit
Fee
Type 1
$ 25
Type 2
100
Type 3
200
Type 4
300
Type 5
1,000
[Added 4-25-2019 by Ord. No. 2019-12C]
A. 
All rental properties shall be registered with and inspected by the Borough prior to tenant occupancy. Beginning January 2020, all properties shall be inspected upon the sale of property and rental properties upon the change of tenant for long-term rentals and one-time annually prior to May 31 for seasonal rentals. A long-term rental shall mean a dwelling unit rented for a term greater than or equal to 126 consecutive days by the same tenant(s) for residential purposes. A seasonal rental shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes. There shall be a penalty of not less than $250 and not more than $1,200 for any rental property occupied but not registered and inspected as required.
[Amended 10-12-2021 by Ord. No. 2021-34C]
B. 
For the sale or property or long-term rental property inspections, the fee shall be $35. This fee shall include only the sale of property or long-term rental property inspection applications received by the Borough more than 10 working days from the settlement or tenant occupancy date. Owners with more than one rental property within the same block and lot shall submit a separate application for each unit but only pay one application fee.
[Amended 10-12-2021 by Ord. No. 2021-34C]
C. 
Certificates of smoke detector, carbon monoxide, and portable fire extinguisher (CSACMAPFEC) compliance issued by the Borough are required and shall not be transferable.
[Amended 10-12-2021 by Ord. No. 2021-34C]
A. 
Applications received before May 31 shall be $35.
B. 
Applications received on or after May 31 shall be $70.
C. 
Owners with more than one rental property within the same block and lot shall submit a separate application for each unit but will only pay one application fee.
A. 
The Borough shall, upon the sale of a property and occupancy of a long-term rental property, including one- and two- family dwellings, conduct a fire inspection prior to settlement and/or occupancy for the purpose of:
[Amended 10-12-2021 by Ord. No. 2021-34C]
(1) 
Establishing that the occupancy has not been changed unless the structure has been upgraded to the new use as required under the New Jersey Administrative Code 5:23-2:6(b), change of use group;
(2) 
Ensuring that the required fire extinguisher is properly located within the property and is maintained as per National Fire Prevention Association Standard No. 10;
(3) 
Ensuring that any fossil-fuel heat source is inspected and certified safe by a professional prior to the Borough;
(4) 
Ensuring that hood protection is being provided under combustible cabinets that are installed directly over cooking appliances.
B. 
Whenever it becomes necessary for the Borough to perform a reinspection of a sale property or a rental property for a violation two or more times, for any reason, there shall be an additional reinspection fee of $35 per reinspection commencing with the third reinspection and each subsequent reinspection.
[Amended 10-12-2021 by Ord. No. 2021-34C]
C. 
The owner of any structure requesting issuance of a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC) pursuant to the provisions of N.J.A.C. 5:70-2.3 shall pay an inspection fee in accordance with the Borough Code or Borough Fee Schedule.
Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.
A. 
All existing structures for which a certificate of occupancy has been issued shall be brought into compliance by the structure owner within six months of the effective date of this article and, thereafter, shall remain at all times in compliance with this article.
B. 
All structures that have not been issued a certificate of occupancy shall be brought into compliance with this article by the structure owner as a condition for issuance of a certificate of occupancy and, upon issuance of a certificate of occupancy, shall remain in compliance with this article at all times.
C. 
Notice of violation. No structure owner shall be charged with a violation of this article unless written notice of a violation is delivered personally to the structure owner or is sent by regular first class mail and simultaneously by certified mail, return receipt requested to the structure owner at the structure owner' s address as it appears on the tax records of the Borough of Beach Haven, and the structure owner then is afforded 10 calendar days (weekends and legal holidays included) from the date of the personal delivery of the notice of violation to the structure owner or from the date of the mailing of the notice of violation to the structure owner, as the case may be, to bring the subject structure into compliance.