[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park 6-2-1988 by Ord. No. 1039 (Ch. 33 of the 1970 Borough 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 Seaside Park.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Office of the Ocean County Fire Marshal as authorized by resolution of the Ocean County Board of Chosen Freeholders dated August 19, 1987.
The Ocean County Fire Marshal 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 the Borough of Seaside Park, 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 Office of the Ocean County Fire Marshal shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The local enforcing agency established by § 242-2 of this chapter shall be the Office of the Ocean County Fire Marshal and shall be under the direct supervision and control of the Ocean County Fire Marshal, who shall serve as the Fire Official. The local enforcing agency shall consist of said Fire Official and such other inspectors and employees as may be necessary to enforce said code, being appointed by the Ocean County Board of Chosen Freeholders pursuant to the procedures set forth herein below. Any and all reports submitted to the municipality by the Fire Official shall also be submitted to the Seaside Park Volunteer Fire Company upon reasonable request.
A. 
Fire Official. The local enforcing agency shall be under the supervision of the Ocean County Fire Marshal who shall be appointed by the Ocean County Board of Chosen Freeholders.
B. 
Inspectors and employees. Such inspectors and other employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Ocean County Board of Chosen Freeholders.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by a ruling, action, notice or order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of the County of Ocean.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 27D-208.
The permit fees shall be established pursuant to the Uniform Fire Code. They shall be as follows, unless modified by resolution of the Ocean County Board of Chosen Freeholders and ordinance of the Borough of Seaside Park, as required by statute:
Use
Fee
Type 1
$25
Type 2
$100
Type 3
$200
Type 4
$300
Type 5
$1,000
This ordinance shall take effect immediately upon final passage and publication as required by law and of its publication in the New Jersey Department of Community Affairs Quarterly Bulletin.
[Added 4-14-2022 by Ord. No. 2022-03]
A. 
In any case where change in occupancy of any structure used or intended for use for residential purposes, including residences that are leased or rented for living or sleeping purposes, regardless of the term, requiring the issuance of a certificate of occupancy, certificate of inspection, rental permit, or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises, no such certificate shall be issued until the fire marshal, code enforcement officer, construction official, zoning officer, or other designated personnel, as provided hereinafter, has determined that the building is equipped with smoke-sensitive alarm device(s), caron monoxide detector(s) and a portable fire extinguisher.
(1) 
In the case of change of occupancy of any structure used or intended for use for residential purposes including residences that are leased or rented for living or sleeping purposes, regardless of the term, where there is no requirement for the issuance of a certificate of occupancy, certificate of inspection, rental permit, or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises, no owner shall sell, lease or otherwise permit occupancy for residential purposes, including residences that are leased or rented for living or sleeping purposes, regardless of the term, of such structure without first obtaining from the code enforcement or zoning officer or other designated personnel, as provided hereinafter, a certificate evidencing compliance with the requirements of this subsection.
B. 
In all multiple dwellings of more than two families, upon the termination of any existing tenancy and prior to the occupancy of each apartment unit located in said multiple dwelling, the owner of said multiple dwelling shall be required to install fire extinguishers, household fire warning devices and carbon monoxide detectors as hereinafter provided. The owner of the multiple dwelling shall be deemed to be the owner of the fire extinguishers, household fire warning devices and carbon monoxide detectors. This section shall not reduce the requirements of the Uniform Construction Code, New Jersey Department of Community Affairs, or any other entity having control over multifamily dwellings and shall be deemed to be in addition to those requirements.
C. 
Any and all structures used or intended for use for residential purposes, including residences that are leased or rented for living or sleeping purposes, regardless of the term, shall have a ten-year sealed battery smoke-sensitive alarm device on each level of the structure and inside each separate sleeping area and located on or near the ceiling. The installation of ten-year sealed battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. If there are hard-wired interconnected smoke alarms currently installed, those units are acceptable and do not need to be replaced with ten-year sealed battery units. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.
D. 
Any and all structures used or intended for use for residential purposes, including residences that are leased or rented for living or sleeping purposes, regardless of the term, shall have a carbon monoxide detector, either hard-wired or battery-operated installed outside of each sleeping area and on every level of the dwelling unit.
E. 
Any and all structures used or intended for use for residential purposes, including residences that are leased or rented for living or sleeping purposes, regardless of the term, shall have a portable fire extinguisher within 10 feet of the kitchen and located in the path of egress. The top of the extinguisher shall not be more than five feet above the floor. The extinguisher shall be readily accessible and not obstructed from view. The extinguisher shall have operating instructions and be mounted using the manufacturer's hanging bracket. The extinguisher shall be an approved listed and labeled type with a minimum rating of 1-A:10-B:C or Type ABC and be no more than 10 pounds. The extinguisher shall be serviced and tagged by a certified Division of Fire Safety contractor within the past 12 months or a receipt for a recently purchased extinguisher must be provided demonstrating the unit is no older than 12 months old.
F. 
Violations of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty.