[HISTORY: Adopted by the Borough Council
of the Borough of Stone Harbor as indicated in article histories.
Amendments noted where applicable.]
[Adopted as Sec. 13-11 of the 1982 Revised
General Ordinances]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be
locally enforced in the Borough of Stone Harbor.
The local enforcing agency (LEA) shall be the
Bureau of Fire Prevention within the Stone Harbor Volunteer Fire Company
No. 1.
A.
The Bureau shall be supervised by a Uniform Fire Code
(UFC) Official, who shall be recommended by the Chief of the Fire
Department, and appointed by the Mayor with the advice and consent
of the Council. Appointment shall be for a term of up to one year,
and said Official need not be a resident of the Borough.
B.
Inspectors for the Bureau shall be appointed by the
Borough Council upon the recommendation of the Chief of the Stone
Harbor Volunteer Fire Company No. 1 and the UFC Official.
C.
Inspectors and other employees of the Bureau shall
be subject to removal by the Public Safety Standing Committee (For
Fire) of the Borough Council for inefficiency or misconduct. An employee
subject to removal shall be afforded an opportunity to be heard by
the aforesaid Public Safety Standing Committee upon request.
D.
The Bureau shall operate under the direction of the
Public Safety Committee (For Fire) of the Borough Council with an
indirect reporting relationship to the Chief of the Stone Harbor Volunteer
Fire Company No. 1.
A.
The Bureau of Fire Prevention shall enforce the Uniform
Fire Safety Act and the codes and regulations adopted under it in
all buildings, structures and premises within the Borough of Stone
Harbor, 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.
B.
The Bureau of Fire Prevention shall carry out periodic
inspections of life hazard uses and non-life-hazard uses, required
by the Uniform Fire Code, and on behalf of the Commissioner of Community
Affairs.
[Amended 12-21-2004 by Ord. No. 1220; 10-6-2009 by Ord. No. 1348]
In addition to the registrations required by the Uniform Fire
Code, the following non-life-hazard uses shall register with the Bureau
of Fire Prevention. These uses shall be inspected once per year and
pay an annual registration fee, and an annual inspection fee. Such
fees shall be established by annual resolution of the Borough of Stone
Harbor.
A.
A - Assembly.
(1)
A-1, Eating establishment under 50.
(2)
A-2, Takeout food service (no seating).
(3)
A-3, Church or synagogue.
(4)
A-4, Recreation centers, multipurpose rooms, etc.
(less than 100).
(5)
A-5, Court rooms, libraries, fraternal organizations,
condominium centers less than 100.
(6)
A-6, Senior citizen centers less than 100.
B.
B - Business/Professional.
(1)
B-1, Professional use one- and two-story, less than
500 square feet per floor.
(2)
B-2, Professional use one- and two-story, more than
500 square feet, less than 2,000 square feet per floor.
(3)
B-3, Professional use one- and two-story, more than
2,000 square feet, less than 3,000 square feet per floor.
(4)
B-4, Professional use one- and two-story, more than
3,000 square feet, less than 5,000 square feet per floor.
(5)
B-5, Professional use one- and two-story, more than
5,000 square feet per floor.
(6)
B-6, Professional use three- to five-story, less than
1,000 square feet per floor.
(7)
B-7, Professional use three- to five-story, more than
1,000 square feet, less than 5,000 square feet per floor.
(8)
B-8, Professional use three- to five-story, more than
5,000 square feet per floor.
C.
M - Mercantile (Retail).
(1)
M-1, one- and two-story, less than 2,000 square feet
per floor.
(2)
M-2, one- and two-story, more than 2,000 square feet,
less than 4,000 square feet per floor.
(3)
M-3, one- and two-story, more than 4,000 square feet
per floor.
(4)
M-4, three- to five-story, less than 2,000 square
feet per floor.
(5)
M-5, three- to five-story, more than 2,000 square
feet, less than 5,000 square feet per floor.
(6)
M-6, three- to five-story, over 5,000 square feet
per floor.
(7)
M with the exception of hardware store 3,000 square
feet, retail store over 12,000 square feet are life hazard uses.
D.
S - Storage (moderate- and low-hazard, per building).
(1)
S-1, one- and two-story, less than 3,000 square feet
per floor.
(2)
S-2, one- and two-story, more than 3,000 square feet,
less than 5,000 square feet per floor.
(3)
S-3, one- and two-story, more than 5,000 square feet
per floor.
(4)
S-4, three- to five-story, less than 3,000 square
feet per floor.
(5)
S-5, three- to five-story, more than 3,000 square
feet, less than 5,000 square feet per floor.
(6)
S-6, three- to five-story, over 5,000 square feet
per floor.
[Added 12-21-2004 by Ord. No. 1220;
amended 8-3-2010 by Ord. No. 1362]
A.
In accordance
with the Uniform Fire Code, the Fire Official shall be charged with
the duty to produce certificates of fire code status which will provide
information on the current fire code status of a particular property.
The cost for the issuance of a certificate of fire code status shall
be established from time to time by resolution of the Borough Council.
B.
The application
fee for a certificate of smoke detector compliance shall be established
from time to time by Resolution of the Borough Council. (If required,
a reinspection fee will be 50% of the original application fee.)
C.
The application
fees for the permits listed in N.J.A.C. 5:70-2.7(b) shall be as provided
by state regulation and are currently as follows: Type 1, Type 2,
Type 3 and Type 4, as established from time-to-time by Resolution
of the Borough Council in accordance with state law and regulation.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act, any person aggrieved by any order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of Cape May County.
There shall be an office of Legal Counsel to
the Bureau of Fire Prevention, and such Legal Counsel shall be appointed
by the Mayor of the Borough of Stone Harbor with the advice and consent
of Borough Council. The Office shall not be a salaried position; however,
such official shall be paid fair compensation by contract.
A.
Violations of the provisions of the Uniform Fire Safety
Act and the Uniform Fire Code are set forth in the Uniform Fire Safety
Act, N.J.S.A. 52:27D-192 et seq., and in the Uniform Fire Code, N.J.A.C.
5:70-1 et seq.
B.
If a violation of the Uniform Fire Safety Act or of
the Uniform Fire Code is of a continuing nature, each date during
which the violation remains unabated after the date fixed in an order
or notice for the correction or termination of the continuing violation
shall constitute an additional and separate violation, except while
an appeal from the order is pending.
No person, persons or organization of persons
shall sell or transfer title to any structure, portion of structure
or unit in a structure until such person, persons or organization
of persons shall have first obtained a certificate from the office
of the Uniform Fire Code Official of the Borough of Stone Harbor certifying
that the property is free of any violations of the Uniform Fire Code.
[Added 10-6-2009 by Ord. No. 1348]
A.
Inspection frequency. Each rental unit registered under Chapter 205A shall be inspected at least once in every twelve-month period.
B.
Nature of inspection. Such inspection shall be carried out in accordance
with the following:
(1)
Hotels and multiple dwellings: Such properties shall be inspected
by the Borough in accordance with law, regulation and ordinance requirements.
[Amended 8-3-2010 by Ord. No. 1362]
(2)
All other classifications: All other classifications of residential
rental units shall be inspected by the Borough to determine compliance
with the Zoning Ordinance of the Borough and the New Jersey State
Housing Code which has been adopted by the Borough and the Uniform
Fire Safety Act of the State of New Jersey. In the event that the
Borough should, by ordinance, adopt a different code other than the
New Jersey State Housing Code, then the inspections conducted pursuant
to this chapter shall be in accordance with the building code in effect
at the time of the inspection.
(3)
Condominium units: Each condominium unit constitutes a separate rental
unit within the meaning of this chapter. Individual condominium units
shall be subject to inspection.
(4)
Condominium motels: A motel which has been converted to a condominium
where the individual units are rented through the condominium association
shall be inspected as individual registered rental units if said motel
condominium is not inspected by the New Jersey Department of Community
Affairs pursuant to the Hotel and Multiple Dwelling House Act.
(5)
Whenever the subject property, regardless of its classification,
has been the subject of a zoning variance or site plan approval, the
periodic inspection shall also monitor compliance with the terms and
conditions of the variance or site plan approval.
[Added 10-6-2009 by Ord. No. 1348]
A.
Unoccupied unit(s). In the event that a rental unit or units do not
pass inspection, such unit shall not thereafter be occupied nor shall
the owner of the property, the managing agent or rental agent rent
or lease such rental unit, nor permit any tenant to occupy such rental
unit until the necessary repairs or corrections have been made so
as to bring the rental unit into compliance so that the unit may satisfactorily
pass inspection. A renewal license shall not be issued until such
time as all prior violations have been corrected and the unit passes
reinspection.
B.
Occupied unit(s). Whenever a rental unit is occupied by a tenant
at the time of the inspection and the rental unit does not pass inspection,
said unit may continue to be occupied, provided that all such repairs
or corrections are made within 30 days of the original inspection.
If the nature of the deficiency is such that continued occupancy poses
an imminent threat to the safety of the occupants or others, then
the appropriate officials may preclude further occupancy of the rental
unit until such time as the repairs are satisfactorily made. In the
event that the necessary repairs are not made within the time period
specified herein, then the owner and any tenant occupying the unit
thereafter shall be deemed in violation of this chapter and subject
to the penalty provisions hereof. Each and every day that the violation
continues shall constitute a separate offense.
C.
Reinspection. Any rental unit that does not pass inspection shall
be subject to reinspection at the expiration of 30 days. If the necessary
repairs have not been made, the owner shall be afforded an additional
time of five working days within which to complete said repairs. For
good cause, the period may be extended by the Licensing Clerk with
the consent of the Construction or Fire Official for an additional
five working days on application of the owner.
D.
License suspended pending repairs. Upon reinspection of a rental
unit, if it is determined that the necessary repairs have not been
made, and the owner fails to submit evidence that such repairs have
been made within the time period specified in the chapter, then in
such event, the rental license shall be suspended and remain suspended
until the necessary repairs have been made and the property reinspected.
Nothing in this section shall be deemed to limit the authority of
any Borough inspector but is in addition to authority granted by other
laws or regulations.
