[Adopted 10-21-1991 by Ord. No. 7-91]
[Amended 9-14-2022 by Ord. No. 6-2022]
In accordance with N.J.A.C. 5:70-3, smoke detectors
shall be installed in any and all structures used or intended for
use for residential purposes by not more than two households upon
the sale, rental, transfer, lease or change of occupancy of said structure
or part of said structure.
A.Â
Sellers, transferrers, lessors, buyers, transferees
and tenants of all dwelling units subject to this Article shall be
responsible for the correct installation and maintenance of smoke
detectors as described herein.
B.Â
The owner of a rental unit shall, at the time of installation
of smoke detectors and thereafter at the commencement of each tenancy,
provide to the tenant at least one copy of written instructions on
the operation, maintenance and testing of the smoke detector, including
the replacement of batteries in the battery-operated unit.
C.Â
The owner and tenant of each rental unit shall be
responsible for the proper maintenance of the smoke detectors including
the replacing of batteries, repair or replacement of the unit in accordance
with the standards herein set forth.
[Amended 9-14-2022 by Ord. No. 6-2022]
A.Â
Prior to the sale, rental, transfer, lease or change
of occupancy of any structure or part thereof, the owner shall first
obtain from the Bureau of Fire Prevention a certificate of smoke alarm,
carbon monoxide alarm, and portable fire extinguisher compliance stating
that the property is in compliance with the provisions of this article
and with the requirements of N.J.A.C. 5:70-3.
B.Â
The fee for the certificate of smoke alarm, carbon
monoxide alarm, and portable fire extinguisher compliance shall be
in accordance with N.J.A.C. 5:70-2.9, as amended.
C.Â
Applications for certificate of smoke alarm, carbon
monoxide alarm, and portable fire extinguisher compliance shall be
submitted to the Fire Official of the Borough of Riverdale, with the
application fee prepaid. The designated inspector of the Riverdale
Bureau of Fire Prevention shall inspect the premises to determine
whether the same complies with the provisions of this article.
Any person or corporation, including an officer,
director or employee of a corporation, who violates any of the provisions
of this article shall commit a violation of the Uniform Fire Safety
Act of New Jersey and shall be subject to a fine of not more than
$500 for the first offense and not more than $2,000 for a subsequent
offense and be enforceable by civil action in a summary manner under
the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.,[1] with further provisions that a violator who fails to pay
may be imprisoned for up to six months. In case of continuing violations,
each day that the violation persists shall be deemed a separate violation.
In addition, the violator shall become liable to the Borough of Riverdale
for the cost of suppressing any fire directly or indirectly resulting
from the violation pursuant to the provisions of N.J.S.A. 52:27D-210.
[1]
Editor's Note: Former N.J.S.A. 2A:58-1 et
seq. was repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10
et seq.
In the event that a certificate of inspection
has issued within 12 months of the request for another certificate
of inspection, the inspection fee shall be waived, provided that the
devices pass the inspection. If the devices do not pass the inspection,
fees shall be due and payable as set forth above.