[HISTORY: Adopted by the Township Committee of the Township
of Elk 5-6-2010 by Ord. No. O-2010-32.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 40A.
Uniform construction codes — See Ch. 54.
Fire prevention — See Ch. 64.
Noise — See Ch. 74A.
[1]
Editor's Note: This ordinance also repealed former Ch.
82, Smoke Detectors, adopted 11-3-1977.
For the purposes of this chapter, the following terms are defined:
A single station device, which is battery powered, that will
indicate the presence of carbon monoxide and sound an alarm.
A single station device, which is battery powered, that will
indicate the presence of smoke and sound an alarm.
Whenever used in this section shall mean a device that is
capable of detecting harmful amounts of carbon monoxide and sounding
an alarm audible in all sleeping areas. Any such carbon monoxide alarm
installed shall bear a seal, tested and listed by an approved rating
organization as Underwriters Laboratories, Inc. (U.L.), or Factory
Mutual Laboratories (F.M.) or other nationally recognized testing
laboratory. Said device shall also be equipped with a sound audible
signal denoting failure of equipment and a testing device. Said device
shall have sufficient battery power to sound an alarm signal for at
least four continuous minutes.
A device which shall be connected to an emergency electrical
system that complies with the electrical subcode to assure continued
service in case of emergency or primary power loss. Alternatively,
said dual-operated carbon monoxide alarm may consist of a single station
battery-powered, or hard-wired, carbon monoxide alarm that incorporates
a smoke detector within the same warning device.
A device which shall be connected to an emergency electrical
system that complies with the electrical subcode to assure continued
service in case of emergency or primary power loss. Alternatively,
said dual-operated smoke detector may consist of a single station
battery-powered smoke detector installed within two feet of an existing
hard-wired smoke detector or two single station battery-powered smoke
detectors installed within two feet of each other.
A building having one or more rooms providing living facilities for one family including equipment for cooking or provisions for same; provided, however, that trailers or campers as defined in Chapter 96, Unified Development, shall not be considered as a dwelling within the scope of this chapter.
Three or more dwellings located within a single building,
with a private entrance to each dwelling, not more than three stories
above ground level.
Whenever used in this section shall mean a fire alarm device
capable of sensing visible or invisible particles of combustion, providing
suitable alarm audible in all sleeping areas. Any such smoke detector
installed shall bear a seal, tested and listed by an approved rating
organization as Underwriters Laboratories, Inc. (U.L.), or Factory
Mutual Laboratories (F.M.) or other nationally recognized testing
laboratory. Said device shall also be equipped with a sound audible
signal denoting failure of equipment and a testing device. Said device
shall have sufficient battery power to sound an alarm signal for at
least four continuous minutes.
A freestanding building on one lot, or within a lot held
in common ownership serving two families, with private entrances to
each dwelling.
All existing one- and two-family dwelling units in the Township
shall be equipped with, at a minimum, battery-powered smoke detectors
and carbon monoxide alarms as further provided for herein below. All
such battery-powered smoke detectors and carbon monoxide alarms shall
be purchased and installed by the owner of the dwelling. If the dwelling
is a rental unit, it shall be the responsibility of the tenant to
maintain the battery in good working order.
The Fire Official shall charge the following fees for smoke
detector certifications and inspections:
A.Â
The Fire Official shall, through the Bureau of Fire Prevention, inspect
all one- and two-family dwellings and multifamily dwellings for compliance
with the Uniform Fire Safety Act[1] smoke detector and carbon monoxide alarm requirements.
The application fee for each dwelling unit for said certification
shall be $50 if received seven or more business days prior to the
change of occupancy, and $75 if received six or fewer business days
prior to the change of occupancy.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
B.Â
If the Fire Official or his or her designee is required to perform
a reinspection to assure compliance of the Uniform Fire Safety Act
requirements for smoke detectors and carbon monoxide alarms, a reinspection
fee of $25 shall be charged for each reinspection within 90 days of
the initial inspection. If a reinspection does not occur within 90
days, then the fees applicable to a new inspection shall apply.
No certificate of occupancy shall be issued for any dwelling
by the Township Construction Official unless said official certifies
that such dwelling is equipped with dual-powered smoke detectors and
carbon monoxide alarms as defined herein above. Additionally, for
existing multifamily dwelling units no person shall rent to another
or suffer or permit occupancy by another of any rental dwelling unless
said rental units are equipped with dual-powered smoke detectors and
carbon monoxide alarms as defined hereinabove. In any rented dwelling
unit, the owner shall be responsible for maintaining and replacing
the batteries as needed in the dual-powered emergency electrical system
when the dual-operated smoke detector or carbon monoxide alarm consists
in part of a single station battery-powered smoke detector or carbon
monoxide alarm. All such battery-powered smoke detectors and carbon
monoxide alarms within the dwelling unit shall be purchased, installed
and maintained in good working order by the tenant of the dwelling.
All other battery-powered smoke detectors and carbon monoxide alarms
such as in common areas shall be the responsibility of the owner notwithstanding
the responsibility of the owner to maintain the unit in all other
respects.
In compliance with the New Jersey Uniform Construction Code
(latest edition of the International Building Code, New Jersey Edition,
as amended and supplemented), and the New Jersey Uniform Fire Code,
and the National Fire Protection Association Fire Codes applicable
standards, and regulations for the maintenance of hotels and multiple
dwellings concerning smoke detectors and carbon monoxide alarms.
A.Â
A minimum of two approved smoke detectors shall be installed in a
single- and two-family dwelling having a basement; a minimum of one
approved smoke detector shall be installed in single-family dwellings
having no basement. Smoke detectors shall be located on a ceiling
or wall according to the manufacturer's instruction generally
not closer than four inches from where the ceiling and wall meet and
no further than 12 inches from the ceiling when locating a wall-type
detector. In dwelling units with split levels, a smoke detector alarm
installed on the lower level shall suffice for the adjacent upper
level provided the lower level is less than one full story below the
upper level. If there is an intervening door between the adjacent
levels, a smoke detector shall be installed on both levels. Smoke
detectors shall not be placed within three feet of any air supply
register. Smoke detectors when required inside a bedroom or outside
of a group of bedrooms, in the immediate vicinity of the sleeping
area, shall be located so that when activated it will sound an alarm
sufficiently audible to warn any sleeping occupant(s) when outside
a bedroom or group of bedrooms, said smoke detectors shall be within
10 feet of sleeping room(s). In dwelling units with split levels,
a smoke detector installed on the upper level shall suffice for the
adjacent lower level provided the lower level is less than one full
story below the upper level. If there is an intervening door between
the adjacent levels, a smoke detector must be installed on both levels.
B.Â
A minimum of one carbon monoxide alarm shall be installed in the
immediate vicinity of each sleeping area as stated by manufacturer
recommendations. Said carbon monoxide alarm shall be within 10 feet
of each sleeping room. In dwelling units with split levels, a carbon
monoxide alarm installed on the lower level shall suffice for the
adjacent upper level provided the lower level is less than one full
story below the upper level. If there is an intervening door between
the adjacent levels, a carbon monoxide alarm must be installed on
both levels.
A.Â
The codification of this section within this chapter shall not be
considered to vest exclusive jurisdiction to the Fire Prevention Bureau
in the terms of its enforcement, and violations of this section may
be enforced by other Township officials.
B.Â
These powers of the Fire Official shall be in addition and supplemental
to all other powers of the municipality and its officers and departments
to enforce the ordinance of the municipality. Enforcement also may
be initiated by any citizen by the filing of a complaint in municipal
court on forms provided by the clerk of the court. In such circumstances,
the clerk of the court shall issue a summons and provide for service
of summons and complaint as authorized by law.
Any person who violates any of the provisions of this chapter,
or fails to comply with any order issued by an authorized person acting
pursuant to lawful authority in the enforcement of this chapter, shall
be subject to a fine of not more than $500.
