[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 78.
Fees and licenses — See Ch. 91.
Fire prevention — See Ch. 94.
[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.
FIRE OFFICIAL
The Fire Chief or his/her designee.
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)]
A. 
The property owner is required at all times to keep a key(s) in the key lock box that will allow access to the structure. The key lock box shall contain, but not be limited to, the following items as designated by the Fire Official:
(1) 
Labeled keys to locked points of ingress and egress, whether in interior or exterior of such buildings;
(2) 
Labeled keys to the locked mechanical rooms;
(3) 
Labeled keys to locked elevator rooms and controls;
(4) 
Labeled keys to any fence or secured areas;
(5) 
Labeled keys to areas of the building where fire alarm panels and fire protection systems are located;
(6) 
Labeled keys to any other areas that may reasonably be required by the Fire Official;
(7) 
A card containing the emergency contact names and phone numbers for the building;
(8) 
Floor plans of the rooms within the building showing locations of shutoffs;
(9) 
Hazardous materials information; and
(10) 
An inventory of the keys.
B. 
The property owner shall notify, in writing, the Borough Fire Department when any or all of the locks or keys have been changed and shall keep the immediate area of the key lock box free and clear of any and all obstructions.
[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.
A. 
All existing buildings required to have a key lock box shall comply with this article within one year from the date notified by the Fire Official. All newly constructed buildings not yet occupied or buildings currently under construction and all buildings or businesses applying for a certificate of occupancy shall comply immediately upon passage of this article. In any event, the owner of any structure in the Borough with hazardous material in sufficient quantities to be a significant threat as determined by the Fire Official shall comply with this article within 60 days from receipt of written notice from the Fire Official. The cost of purchasing and installing, along with any cost associated with implementation of the program at a specific property, will be borne by the property owner and/or business owner.
B. 
In even-numbered years, each key lock box shall be inspected for continued compliance with regard to all the required contents. The property owner and/or business owner shall pay for the reinspection per key in the lock box. The reinspection fee is included in Chapter 91, Fees and Licenses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Any property owner and/or business owner failing to comply with this article shall be subject to a fine of not more than $200 nor less than $100 for each day of violation or noncompliance.
B. 
Any tenant that has changed a lock to an area which has a key in the lock box and has failed to provide a key to the Fire Official shall be subject to a fine of not more than $200 nor less than $100 for each day of violation or noncompliance.
C. 
If a landlord or tenant is a business entity such as a corporation or LLC or LLP which is in violation of this article, then the president of the corporation or the managing member shall be personally responsible for the penalty imposed and if not paid within 10 business days shall be subject to imprisonment for up to 30 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.