[HISTORY: Adopted by the Township Council of the Township of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-6-2004 by Ord. No. 13-2004]
Editor's Note: This ordinance also repealed former Ch. 107, Fire Prevention, Art. I, Adoption and Enforcement of Standards, adopted 8-2-1985 by Ord. No. 16-1985, as amended.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70 et seq.) shall be locally enforced in the Township of Pemberton.
Editor's Note: See N.J.S.A. 52:27D et seq.
The local enforcing agency shall be the Pemberton Township Bureau of Fire Prevention which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Township of Pemberton other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by federal government, interstate agencies or the state.
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
Appoint and qualifications of the fire official. The Fire Official shall be certified by the state and appointed by the governing body from a list of three names submitted by the Mayor of Pemberton Township.
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the governing body upon recommendation of the Fire Official. All life-hazard use inspectors shall be certified by the state.
Appointment of legal counsel. The Township Solicitor of the Township of Pemberton shall be designated as legal counsel to assist the agency in enforcing the Uniform Fire Code.
Term of office. The Fire Official shall serve for a term of a minimum of one year. Any vacancy shall be filled for the unexpired term.
Removal from office. The Fire Official, inspectors and other employees of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by the same.
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 fee.
Storage S-1 (moderate-hazard S-1, low-hazard S-2)
Residential (LEA listed with multifamily BHI). Fee is for each building.
R-A uses shall be inspected and charged a fee only upon sale or change of tenant.
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
All residential uses except R-A uses shall be inspected in the common areas only.
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:
The cost for the issuance of a certificate of Fire Code status shall be $35.
Fees: certificate of smoke detector and carbon monoxide alarm. The application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CSDSMAC) as required by N.J.A.C. 5:70-2.3 shall be based upon the amount of time remaining before the change of occupant is expected as follows:
Regulations concerning open burning shall be in accordance with the provisions of the Uniform Fire Code.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an action of the local enforcing agency shall have the right to appeal to the local construction board of appeals. If no such body exists, appeals shall be made to the County Construction Board of Appeals.
Enforcement, violations and penalties shall be managed in conformity with the Uniformity Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.