[Adopted 9-12-1978 by Ord. No. 78-25; amended in its entirety 4-13-1993 by Ord. No. 93-6]
As used in this article, the following terms shall have the
meanings indicated:
APPROVED SMOKE DETECTORS
Instruments approved by a nationally licensed testing laboratory
for the detection of ionized gases or products of combustion produced
by smoldering or burning materials.
[Amended 9-27-1995 by Ord. No. 95-23; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
With the exception of new construction, no residence or apartment
shall be sold, rented or otherwise transferred unless approved smoke
detectors are installed in accordance with N.J.A.C. 5:70-4.19 and
a certificate of smoke detector compliance has been issued in accordance
with N.J.A.C. 5:70-2.3. A certificate of compliance issued pursuant
to this article shall be valid for a period of 90 days from the date
of issuance.
[Amended 9-27-1995 by Ord. No. 95-23]
No one- to three-family residence or apartment shall be sold, rented or transferred unless the same shall have been duly inspected and approved by the licensed fire official or one of the licensed inspectors employed by the local Bureau of Fire Prevention established under Chapter
94 of this Code to ensure that the same complies with §
165-2 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Application for inspection shall be made, in writing, at the office of the Building Department of the Borough of Kenilworth and be accompanied with a fee as set forth in Chapter
91, Fees and Licenses, for each rental unit to be inspected or each one-, two- or three-family structure being sold. The fee shall include one reinspection should noncompliance be determined upon first inspection. A fee as set forth in Chapter
91, Fees and Licenses, will be charged for each additional inspection to ensure compliance with this article.
The Tax Collector of the Borough of Kenilworth shall provide
to each person requesting a tax search from his/her office a statement
calling attention to the provisions of this article and shall inform
the persons requesting a tax search of the obligation of the owner
and seller of real estate to obtain an inspection by the Building
Department and to install smoke detectors as provided herein prior
to transfer of title.
[Amended 9-27-1995 by Ord. No. 95-23]
The fee collected shall be distributed in the following manner:
The Borough of Kenilworth shall receive half for administrative expenses,
and half of the fee shall be paid to the licensed official making
the necessary inspection.
Any person who violates any provision of this article or fails
to comply with any provision herein shall be subject to prosecution
in the Municipal Court and, if convicted, shall be subject to a fine
of up to $500 for a first offense and up to $1,000 for a second and
each subsequent offense. Each day such violation continues shall be
deemed a separate and distinct violation of this article.
[Amended 9-27-1995 by Ord. No. 95-23]
The Bureau of Fire Prevention, the Construction Official
and the Fire Subcode Official shall have the authority to enforce
the provisions of this article.
[Adopted 10-12-2016 by Ord. No. 2016-09]
As used in this article, the following terms shall have the
meanings indicated:
AUTOMATIC DIALER
A device that automatically dials and relays a prerecorded
message to a central station or the Fire Department.
AUTOMATIC FIRE SUPPRESSION SYSTEM
A system or assembly of piping, valves, controls, and sprinklers
which are designed and installed to comply with the National Fire
Protection Association (NFPA) standards, which utilize water, foam,
carbon dioxide, or other gas to automatically react to suppress fire.
CENTRAL STATION
An office of a private company to which remote alarm and
supervisory signaling devices are transmitted and where personnel
are in attendance at all times to supervise the circuits and investigate
signals.
KEY LOCK BOX
A secure rapid entry system that is designed to be used by
Fire Department personnel in the event of an emergency to gain entry
into a structure by using the enclosed owner-provided key(s). This
box is usually mounted on the exterior of the building in a location
that is specified by the Fire Official. All boxes shall be UL (Underwriters
Laboratories) certified, Knox Box brand, and approved by the Fire
Official.
STANDPIPE SYSTEM
A wet or dry system of piping, valves, outlets and related
equipment designed to provide water or a fire retardant at specified
pressures and installed exclusively for the fighting of fires.
Unless otherwise determined, in writing, by the Fire Official,
the following structures shall be equipped with a key lock box of
a type and size and at a location approved by the Fire Official:
A. All new commercial buildings shall be equipped with a key lock box
prior to the issuance of the certificate of occupancy.
B. All existing commercial buildings constructing additions, major renovations,
or changes of use that require Borough Zoning or Planning Board approval
shall be equipped with a key lock box prior to the issuance of any
necessary permits.
C. All existing commercial buildings with new occupancies by tenants
shall be equipped with a key lock box prior to the issuance of a certificate
of continued occupancy.
D. Each building protected by an automatic fire suppression and/or standpipe
system and not manned 24 hours a day, seven days a week.
E. Each building protected by an automatic fire alarm system (automatic
dialer, central station, external audible/visual alarm) and not manned
24 hours a day, seven days a week.
F. Multifamily residential structures that have restricted access through
locked doors but have a common corridor for access to the living units,
including, but not limited, to condominium buildings.
G. Schools, whether public or private.
H. Governmental structures and nursing care facilities, unless the building
is staffed or open 24 hours a day, seven days a week.
I. Any other commercial building that the Fire Official reasonably believes
would benefit from having a secure lock box.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The property owner shall apply for a registration for a key lock box on forms provided by and obtained from the Fire Official. A registration with a check made payable to the Borough in the amount set forth in Chapter
91, Fees and Licenses, is required prior to the installation of a key lock box in order to verify the proper size, mounting location and installation of said key lock box. The key lock box shall be installed at a location approved by the Fire Official. No key lock box shall be installed, voluntarily or otherwise, without first obtaining the approval of the Fire Official. The property owner shall be responsible for the cost to purchase, install, and maintain the key lock box.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void or ineffective for any
cause, or reason, shall not affect any other portion of this article.
All Borough ordinances and parts of ordinances that are inconsistent
with this article are hereby repealed.