[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 7-23-1985 (Ch. 30 of the 1966 Code). Amendments noted where applicable.]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced
in the Borough of Raritan.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 6-13-2006 by Ord. No. 06-10]
The local enforcing agency shall be the Bureau of Fire Prevention,
which is hereby created in the Raritan Borough Building Department
and shall consist of the Fire Official and the Fire Inspector.
The Raritan Borough Bureau of Fire Prevention shall enforce
the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all
buildings, structures and premises within the established boundaries
of Raritan, other than owner-occupied one- and two-family dwellings,
and shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The Raritan Borough Bureau of Fire Prevention shall carry out
the periodic inspections of life-hazard uses required by the Uniform
Fire Code on behalf of the Commissioner of Community Affairs.
[Added 6-12-2001]
A.
The following properties and uses are subject to mandatory annual
registration, payment of fees, and periodic inspection requirements
pursuant to state law, N.J.S.A. 52:27D-203a:
(1)
Business use, as defined in the latest edition of the BOCA Basic
National Building Code, where there is a single tenant:
[Amended 12-16-2014 by Ord. No. 2014-17]
|
Total Gross Floor Area, Including Basement
(square feet)
|
Registration Fee
| |
|---|---|---|
|
0 to 1,000
|
$37.50
| |
|
1,001 to 2,000
|
$43.75
| |
|
2,001 to 2,500
|
$50.00
| |
|
2,501 to 3,500
|
$56.25
| |
|
3,501 to 4,500
|
$62.50
| |
|
4,501 to 5,000
|
$68.75
| |
|
5,001 to 6,000
|
$75.00
| |
|
6,001 to 7,000
|
$81.25
| |
|
7,001 to 7,500
|
$87.50
| |
|
7,501 to 8,000
|
$112.50
| |
|
8,001 to 9,000
|
$131.25
| |
|
9,001 to 9,500
|
$150.00
| |
|
9,501 to 10,500
|
$175.00
| |
|
10,501 to 11,500
|
$200.00
| |
|
11,501 to 12,000
|
$212.50
| |
|
Each additional 1,000
|
$12.50
|
(2)
Where a building or structure has more than one use which may include
a business use as defined herein, then each separate use shall be
subject to the appropriate fees and registration as set forth in this
chapter.
(3)
Where two or more of the same use or different uses exist in the
same building or premises, each use shall be considered as separate
and distinct and shall be subject to the appropriate fees and registration
as set forth in this chapter.
(4)
Mercantile uses, as defined in the latest edition of the BOCA Basic
National Building Code, shall be subject to the above fees and registration
as set forth in this chapter.
(5)
Storage buildings, as defined in the latest edition of the BOCA Basic
National Building Code, shall be subject to the fees and registration
as set forth in this chapter.
(6)
Factory and industry uses, as defined in the latest edition of the
BOCA Basic National Building Code, shall be subject to the fees and
registration as set forth in this chapter.
B.
All of the foregoing uses shall be inspected for compliance with
the provisions of this chapter periodically, but not less than once
every 24 months, such inspections to be performed under the Raritan
Borough Bureau of Fire Prevention. To cover the cost to the municipality
of conducting the inspections as required herein, the municipality
shall pay all fees into its treasury and shall appropriate such fee
to the Borough Bureau of Fire Prevention to pay the cost of enforcing
this section.
[Added 11-26-2002 by Ord. No. 02-18]
A.
Inspections. Each multiple-dwelling unit or apartment shall be inspected
at least once during each twenty-four-month period by a Borough Fire
Code Official, or Borough Fire Inspector, for the purpose of determining
the extent each multifamily dwelling or apartment complies with the
Borough's fire and safety codes. All such premises or building
shall be subject to such inspection and registration, regardless of
any other state or municipal inspections which may be conducted of
such premises.
B.
Definitions. The definition of any and all terms relevant to this
section shall be the same as those definitions as set forth in the
Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-3, and such definitions
are specifically incorporated into this section by reference herein.
C.
Inspection fee. The owner of each multifamily dwelling unit or apartment
complex shall pay a fee for inspection of the subject premises. The
fees are hereby established at $50 for the inspection of the common
areas in premises with more than three dwelling units and $20 per
unit of dwelling space for all premises. For each occasion that an
owner fails to provide access after receipt of two notices, a fee
of $75 shall be imposed in addition to the inspection fee.
[Amended 2-23-2016 by Ord. No. 2016-01]
D.
Persons authorized to conduct inspections. The inspection shall be
conducted by a municipal official authorized by the Mayor and Council
and licensed as a certified Fire Official and Fire Inspector. Such
official may be accompanied by any other Borough official necessary
to conduct adequate fire and safety inspections.
E.
Powers of Inspectors. The Inspectors under this section are hereby
granted all the powers necessary and appropriate to carry out and
execute the purposes of this section, including, but not specifically
limited to, the power to:
(1)
Enter and inspect any multifamily dwellings and apartments and to
make such investigation as is reasonably necessary;
(2)
Administer and enforce the provisions of any and all Borough regulations
or ordinances;
(3)
Compel the owner of any multifamily dwelling, apartment or rooming
house to produce any and all files, books, documents or other objects
which are necessary in order to carry out the purposes of this section;
(4)
Issue any and all complaints necessary against any person violating
provisions of this section or any other section of Borough ordinances
and to prosecute or cause to be prosecuted any violations of this
section or any other section of the Borough ordinances in any state
or local court.
F.
Violation notices. If the Inspectors discover any violation of any
Borough code upon their inspection of any multifamily dwelling or
apartment, they shall issue and cause to be served upon the owner
a written notice requiring the condition to be corrected. Such written
notice shall state the nature of any violation and a reasonable period
of time within which such violation must be corrected. In the event
the violation is not corrected in a timely manner, the Inspectors
may issue any and all legal process necessary to address the violations
in addition to applying for temporary relief or restraining orders
as they may deem necessary in a court of competent jurisdiction.
G.
Vacation and reinspection. If, upon any inspection of a multifamily
dwelling or apartment, the Inspector shall discover any violation
which constitutes an immediate hazard to the health, safety or welfare
of the occupants or intended occupants or of the public in general,
the Inspector may issue and cause to be served upon the owner a written
order directing that any such multifamily dwelling or apartment be
vacated forthwith so long as the owner is given notice of the specific
nature of the violation. Upon receipt by the Inspector of a written
notice from the owner that such violation has been corrected, the
Inspector shall reinspect the multifamily dwelling or apartment within
one working day of receipt of said notice, and if the Inspector shall
determine that such violations have been corrected, the order shall
be rescinded and occupancy may resume or take place. If the reinspection
is not made within one working day, occupancy may be resumed without
approval. If the owner of any multifamily dwelling or apartment disagrees
with any order to vacate, they may apply to a court of competent jurisdiction
for injunctive relief against such order. The application for such
relief shall not relieve the owner of complying with the order until
such time as the application or request for injunctive relief has
been determined.
H.
Fines and penalties. Any and all fines and penalties for violations
discovered during the course of inspections as directed herein shall
be established in accordance with other Borough ordinances governing
the health, property, safety and housing maintenance of the Borough
of Raritan.
[Amended 6-13-2006 by Ord. No. 06-10]
The local enforcing agency established by § 167-2 of this chapter shall be a part of the Borough of Raritan Building Department and shall be under the direct supervision and control of the Construction Official.
Appointments, terms of office and removal for the Raritan Borough
Bureau of Fire Prevention shall be as follows:
A.
The Raritan Borough Bureau of Fire Prevention shall be under the
supervision of the Fire Official, who shall be appointed by the Mayor
and Borough Council.
[Amended 6-13-2006 by Ord. No. 06-10]
B.
The Fire Official shall serve for a term of one calendar year, starting
January 1. Any vacancy shall be filled for the unexpired term.
C.
Such Inspectors and other employees as may be necessary in the local
enforcing agency shall be appointed by the Mayor and Borough Council.
[Amended 6-13-2006 by Ord. No. 06-10]
D.
Inspectors and other employees of the enforcing agency shall be subject
to removal by the Mayor and Borough Council for inefficiency or misconduct.
Each Inspector or employee to be so removed shall be afforded an opportunity
to be heard by the appointing authority or a designated hearing officer.
The positions of Fire Official and Fire Inspector are established
herein as paid positions of the Borough of Raritan.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of Somerset County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
[Amended 10-25-2005 by Ord. No. 05-11; 6-12-2018 by Ord. No. 2018-06]
The permits required and application fees shall be the same
a listed in the Uniform Fire Code, N.J.A.C. 5:70-2.7 and 5:70-2.9.
[Added 10-25-2005 by Ord. No. 05-11]
The application fee for a certificate of smoke detector and
carbon monoxide alarm compliance (CSDCMAC) shall be based upon the
amount of time remaining before the change of occupant is expected
and shall be as follows:
A.
Requests for a CSDCMAC received more than 10 business days prior
to the change of occupant: $50;
[Amended 12-16-2014 by Ord. No. 2014-18]
B.
Requests for a CSDCMAC received four to 10 business days prior to
the change of occupant: $70; and
C.
Requests for a CSDCMAC received fewer than four business days prior
to the change of occupant: $125.
