[Adopted 11-18-1991 by Ord. No. 91-15 (Ch. 221 of the 1985
Code)]
This article of the Code of the Borough of Woodcliff
Lake is hereby established to create the requirement for the installation
and maintenance of smoke detectors in one- and two-family dwelling
units upon the sale or rental of the same.
A.
Smoke detectors shall be installed in each dwelling
unit, as defined in N.J.S.A. 55:13A-3, upon the sale, rental, transfer
or lease of any dwelling unit in the Borough of Woodcliff Lake.
B.
Each dwelling unit sold, rented, leased or transferred
shall have a minimum of one smoke detector on each level. A floor
area separated by three or more risers from another floor area shall
be considered a separate level. Where a basement exists, a smoke detector
shall be installed on the basement ceiling. Smoke detectors shall
not be required in an unoccupied attic. In order to achieve compliance
with this article, smoke detectors are required to be approved by
the Underwriter's Laboratories, Inc., or Factory Mutual Research Corp.
C.
Alarm signals from the smoke detectors shall be clearly
audible in all rooms on the level on which the smoke detector is installed
when all intervening doors are closed.
D.
Smoke detectors shall be powered by either battery
or electricity. The installation of smoke detectors shall be governed
by the applicable sections of National Fire Protection Association
(NFPA) Standards No. 72E or 74.
A.
Sellers, transferors or lessors of all dwelling units
subject to this article shall be responsible for the correct installation
and maintenance of smoke detectors.
B.
The owner of a rental unit shall, at the time of installation
of the smoke detector 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.
The owner of each rental unit shall be responsible
for the proper maintenance of the smoke detectors, including the replacing
of batteries and the repair or replacement of the unit in accord with
the standards hereinabove set forth.
Upon the sale of a one- or two-family residence
or the rental, lease or transfer of any dwelling unit, the seller,
landlord or transferor is required to obtain from the Borough of Woodcliff
Lake a smoke detector compliance certificate with the provisions of
this article.
The fee for the smoke detector compliance certificate shall be as set forth in Chapter 163, Fees. Applications for smoke detector compliance certificates shall be submitted to the Building Code Department of the Borough of Woodcliff Lake with the application fee prepaid. Within 10 business days of the receipt of said application, the Fire Subcode Official of the Borough of Woodcliff Lake shall inspect the premises to determine whether the same complies with the terms of this article.
[Added 12-4-2006 by Ord. No. 06-18]
A.
Establishment of provisions. This article of the Code
of the Borough of Woodcliff Lake is hereby established to create the
requirement for the installation of carbon monoxide detectors in residential
structures and all dwelling units, as defined in N.J.S.A. 55:13A-3,
upon the sale or rental of same. For the purpose of this section,
"residential structures" shall include multiple-family dwellings and
single-family homes.
B.
Detectors required.
(1)
All residential structures and all dwelling units in structures used or intended for use for residential purposes within the Borough of Woodcliff Lake shall have not less than one carbon monoxide sensor device located inside the unit. The installation of battery-operated carbon monoxide sensor devices shall be accepted as meeting the requirements of this section. The carbon monoxide detector shall have been tested and listed by a product certification agency recognized by the Division of Codes and Standards. This section shall not be enforced except pursuant to Subsections B(2) and B(3) herein.
(2)
No property shall be exempt from the installation
of the carbon monoxide detector unless all of the following shall
apply:
(a)
The premises shall have no attached parking
garage or carport;
(b)
The dwelling units shall be powered and heated
by electricity only;
(c)
There are no fuel-burning appliances within
the premises; however, if a common area boiler, water heater or similar
appliance is present, then all dwelling units adjacent to the common
chimney or vent shall install the carbon monoxide detectors within
the dwelling unit and the room which houses the appliance.
(3)
Certificate of occupancy. In any case where a certificate of continuing occupancy is required for any residential structure or dwelling unit pursuant to the Uniform Construction Code, no such certificate shall issue unless and until the enforcement officer has determined to his satisfaction that the structure or unit is equipped with a sensor device or devices as required by Subsection B(1) of this section.
(4)
Violations and penalties. Any owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this section shall, when the premises do not comply with the requirements of Subsection B(1) hereof, or without complying with the inspection and certification requirements of Subsection B(3) hereof, be subject to the provisions of the Uniform Fire Safety Act, and violations shall be subject to the penalties contained therein. Appeals of any such penalties shall be governed by the procedures set forth under N.J.S.A. 52:27D-206(b).
Any person violating any of the provisions of this article shall,
upon conviction thereof, shall be punishable by one or more of the
following: a fine of not more than $2,000, imprisonment for not more
than 90 days, or a period of community service not to exceed 90 days,
in the discretion of the court. Each day a violation continues shall
be considered a separate offense.
