As used in this article, the following terms shall have the meanings indicated:
DWELLING UNIT
A structure or a portion of a structure arranged for the use of one or more individuals living alone or together as a single housekeeping unit with living, sanitary and sleeping facilities but not including trailers, tents or house trailers.
FIRE OFFICIAL
The fire protection subcode official prescribed by the Uniform Fire Safety Act, namely N.J.S.A. 52:27D-192 et seq., its amendments and supplements, and ordinances of the Borough of North Arlington. The Fire Official is presently appointed by the Fire Chief and is also responsible for the enforcement of the Uniform Fire Safety Act.
OWNER
A person who owns, purports to own, manages, rents, leases or exercises control over a building, structure or premises.
A. 
A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 72 for the installation, maintenance and use of household fire-warning equipment.
B. 
The installation of battery-operated smoke-sensitive devices shall be accepted as meeting the requirements of this section.
C. 
Smoke detectors shall be capable of being installed and maintained by the person or persons entitled to occupy the dwelling unit. Smoke detectors shall consist of an assembly incorporating the detector, control equipment and the alarm-sounding device in one unit. They shall have a power supply consisting of a monitored battery or a cord connection to an electrical receptacle which is fitted with a plug restrainer device. The plug-in receptacle shall not be controlled by any switch other than that of the main power supply. Two or more single-station smoke detector assemblies may be interconnected so that actuation of one causes all integral or separate audible alarms to operate.
D. 
Upon activation, the smoke detector shall provide an audible alarm which is to be so distributed and have such character that it can be heard in all rooms of the dwelling unit with doors closed. The audible signals shall be distinctive from other audible signaling devices which may be used for other purposes in the dwelling unit. The smoke detector shall be designated for and capable of either self-restoration or manual restoration to normal conditions for operation. No provisions shall be made for deactivation of the audible alarm other than the reactivation of the system.
E. 
The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the New Jersey Bureau of Fire Safety.
A. 
The owner of each dwelling unit shall cause the same to be brought into compliance with the terms and provisions of this article by February 1; 2005; provided, however, that after the effective date of this article:
(1) 
No dwelling unit to which this article applies shall be sold or the occupancy thereof changed unless and until the dwelling unit has been brought into compliance with the terms and provisions of this article.
(2) 
No structural change or repair of a value in excess of $500 shall be made to a dwelling unit unless and until the dwelling unit is brought into compliance with the terms and provisions of this article.
(3) 
No certificate of occupancy shall be issued by the Construction Official for a dwelling unit unless and until the applicant therefor shall have first complied with all the terms and conditions of this article.
B. 
Prior to the sale of any dwelling unit located in the Borough of North Arlington to which this article applies, the owner thereof shall apply, in writing, to the Fire Official for a CSDC (certification of smoke detector compliance). The application shall be made on a form provided by the enforcing agency and shall be obtained from the office of the Building Department. The application, when filed, must be accompanied by the appropriate fee of $50, which has been determined to be the estimated actual cost to administer this program by the Borough of North Arlington. The making and submission of a willfully false certification by the owner and seller of a dwelling unit shall be a violation of the terms and provisions of this article.
C. 
The Fire Official shall have the power to allow a variation from any of the provisions of this article upon written application therefor by the owner or lessee of a dwelling unit when there are practical difficulties in carrying out the strict letter of this article with respect to such dwelling unit; provided, however, that the spirit of this article shall be observed, public safety secured and substantial justice done.
A. 
The Fire Official shall have enforcement authority with respect to all terms and conditions of this article.
B. 
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this article where the premises do not comply with the requirements of § 165-22 hereof or without complying with the inspection and certification requirements of § 165-23 hereof shall be subject to a fine of not more than $500,000.
C. 
Any person, firm or corporation who or which shall violate any of the provisions of this article or fail to comply therewith shall be liable to the penalties in Chapter 1, Article I, General Penalty. Each and every day such violation continues shall be deemed a separate and distinct violation.
D. 
The Tax Search Official of the Borough of North Arlington shall provide, to each person requesting a tax search from his or her office, a statement calling attention to the provisions of this article and shall inform the person requesting a tax search of the obligation that the owner and seller of real property have, as mentioned in § 165-23B hereof, to make the certification described therein.
E. 
The issuance of a certificate of continued use shall constitute evidence of compliance with the terms of this article.
A. 
Upon the filing of the application as described in this article and the payment of the appropriate fee, the Fire Official will inspect or arrange for an inspection of the subject premises by an inspector to be chosen by the Fire Official. The fee for the inspector shall be part of the expense for which the Borough is compensated by virtue of the payment of the application fee of $50.
B. 
Subsequent to the inspection of the premises, if the same are determined to be in compliance with the requirements of the Uniform Fire Safety Act and the administrative regulations thereunder, the inspector who conducted the inspection shall certify, in writing, to the Fire Official that the premises are in full and complete compliance. The Fire Official shall, thereafter, affix his or her signature to the application form and shall issue the appropriate CSDC. A copy thereof shall be provided to the owner as well as maintained, on file, in the offices of the Fire Official.
A. 
The provisions of this article shall in no way or manner affect the requirements of the Uniform Construction Code with regard to new construction. Similarly, this article shall not be deemed to apply to new construction within the Borough of North Arlington which is subject to the requirement of a certificate of occupancy issued by the Construction Official.
B. 
The requirements of this article shall apply to all Use Group R-3 structures other than newly constructed buildings at the time of initial occupancy, regardless of their state of compliance with the Uniform Construction Code or any other code.
The fee for smoke detector inspection as aforesaid shall be $50 per dwelling unit per inspection, which has been determined to be the estimated actual cost to the Borough of North Arlington for the administration of this program.