[Amended 6-7-2012 by Ord. No. 2012-5]
The local enforcing agency shall be the Winslow Township Fire
District pursuant to a shared services agreement with the Borough
of Chesilhurst; § 142-8, Fire Marshal, inspectors and employees.
A. Appointment of the Fire Marshal. The Fire Marshal shall be appointed
by the Borough Council.
B. Removal from office. The Fire Marshal shall be subject to removal
by the Borough Council for inefficiency or misconduct so long as guidelines
for discipline are adhered to as outlined in the New Jersey Department
of Personnel statutes.
In addition to the inspections and fees for life-hazard uses,
the following additional inspections and fees, as mandated by the
State of New Jersey and the Borough of Chesilhurst shall be required
(refers to Winslow Township Fire Department, Fire Prevention Division
Inspection Fee Schedule):
A. The Fire Marshal will register all non-life-hazard structures and
premises within the Borough, except single-family dwellings occupied
by the holder of title to the property and any structures ancillary
thereto and dwelling units within two-family and multifamily dwellings.
[Amended 6-7-2012 by Ord. No. 2012-5]
B. Inspection fees for non-life-hazard structures and premises shall
be:
(1) Residential buildings/residential use group: time of inspection,
once every 12 months.
(2) Residential use group: includes buildings with dwelling units not
otherwise classified as life-hazard uses by the New Jersey Division
of Fire Safety, except one- or two-family owner-occupied units.
|
Number of Units
|
Fee
|
---|
|
1 to 3
|
$40
|
|
4 to 10
|
$85
|
|
11 to 20
|
$110
|
|
21 to 40
|
$140
|
|
For each additional 20 or less
|
$30
|
(3) Commercial, mercantile, business or industrial use groups include
all buildings not listed as life-hazard uses by the New Jersey Division
of Fire Safety. Fees are based upon gross floor areas occupied by
that particular business.
|
Number of Units
|
Fee
|
---|
|
Building with or without attached dwelling unit(s) not exceeding
1,000 square feet
|
$35
|
|
Building with or without attached dwelling unit(s) exceeding
1,000 square feet, not exceeding 3,000 square feet
|
$50
|
|
Building exceeding 3,000 square feet, not exceeding 6,000 square
feet
|
$75
|
|
Building exceeding 6,000 square feet, not exceeding 9,000 square
feet
|
$100
|
|
Building exceeding 9,000 square feet, not exceeding 12,000 square
feet
|
$125
|
|
Building exceeding 12,000 square feet, not exceeding 15,000
square feet
|
$150
|
|
Building exceeding 15,000 square feet, not exceeding 50,000
square feet
|
$200
|
|
Building exceeding 50,000 square feet, not exceeding 100,000
square feet
|
$275
|
|
Each additional 100,000 square feet or part thereof
|
$200
|
|
NOTE: Each floor area shall be calculated as separate
areas for total building area calculation.
|
C. Exemptions. The following buildings or structures, if not otherwise
classified as a life-hazard use with the Division of Fire Safety,
shall be exempt from registration fees, but shall comply with the
registration and inspection requirements pursuant to the Act:
(1) Municipally owned buildings.
(4) Houses of worship (excluding rooms used for public assembly purposes,
i.e., meeting halls, fellowship halls, rental halls).
(5) Winslow Township civic groups, not for profit (i.e., athletic associations,
Boy Scouts, little leagues).
D. Firesafety permit fees shall be in accordance with the fees established
by the New Jersey Uniform Fire Code, § 5:70-2.9. All increases
in the Uniform Fire Code are automatic, concurrent with the updating
of that code.
|
Type I permit
|
$42
|
|
Type II permit
|
$166
|
|
Type III permit
|
$331
|
|
Type IV permit
|
$497
|
E. Miscellaneous fees.
|
Fire reports
|
$35
|
|
Certificate of Fire Code status
|
$35
|
|
Returned check charge
|
$25
|
F. Certificate of smoke detector/carbon monoxide detector compliance.
|
14 or more days prior notice to inspect
|
$50
|
|
Less than 7 days prior notice to inspect
|
$75
|
|
Less than 3 days prior notice to inspect
|
$125
|
|
Reinspections (per visit)*
|
$35
|
|
Failure to keep appointment
|
$25
|
|
Senior citizens' discount
|
$30
|
|
*Required after initial visit
|
|
|
(Smoke detector inspections are conducted on all one- and two-family
residential dwellings for resale.)
|
|
G. Photographic reproduction.
(1) The fee for photographic reproduction requested by any concerned
party, plus the cost of reproduction, shall be $50.
(2) Exception: No additional costs will be charged for reproduction to
compact disk format.
(3) The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
|
---|
|
Photographic reproduction
|
$63
|
$75
|
$88
|
H. Civil court appearance and depositions.
(1) Any employee or volunteer member of the Winslow Township Fire Department
subpoenaed to testify in civil court or at a deposition shall appear
and compensation to the Winslow Township Fire District shall be made
as follows: $100 per hour, with a four-hundred-dollar-minimum four-hour
block and 34.5 cents per mile plus tolls for distances exceeding 25
miles.
(2) The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
|
---|
|
Civil appearance
|
$125 per hour; $500 minimum four-hour block and 41 cents per
mile
|
$150 per hour; $600 minimum four-hour block and 47.5 cents per
mile
|
$175 per hour; $700 minimum four-hour block and 53 cents per
mile
|
I. Investigative conferences and meetings.
(1) Any uninterrupted ninety-minute conference at the Winslow Township
Fire District administrative office, on site, or at a location designated
by the requestor shall be set forth as follows: $60 per hour.
(2) The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
|
---|
|
Conferences
|
$75 per 90-minute block
|
$90 per 90-minute block
|
$105 per 90-minute block
|
J. Exclusive firesafety training.
(1) Firesafety training beyond the normal scope and delivery of firesafety
programs administered by the Fire District that is requested for the
purpose of compliance with governmental regulation, including but
not limited to fire extinguisher and evacuation planning, shall be
compensated at the rate of $75 per hour.
(2) The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
|
---|
|
Exclusive training
|
$95 per hour
|
$113 per hour
|
$132 per hour
|
K. Hazardous materials. All expenditures for providing hazardous materials
mitigation supplied by the Winslow Township Fire District/Department
will be the responsibility of the entity responsible and/or the owner
of the property. Such costs will be itemized and reviewed by the Fire
Chief prior to the invoice being sent to the responsible party and/or
owner. The cost shall not exceed the estimated cost of providing the
service. Once an invoice is received by an entity, payment shall be
made in full within 60 days. Failure to pay within 60 days will result
in the responsible party being liable for a further penalty upon conviction
for nonpayment in Municipal Court. The penalty upon conviction is
$50 for the first offense and $100 for each subsequent offense.
L. Cost of suppression. If the origin and cause of the fire results
from a violation of the Uniform Fire Safety Act previously cited by the Fire Marshal, the owner/occupant
shall be responsible for the cost of the fire suppression.
M. Collection of fees.
(1) Delinquent fees.
(a)
All fees and registration forms must be returned to the Fire
Marshal's office within 30 days of having been mailed. Failure
to respond within this thirty-day period will result in a default
notice being sent by the Fire Marshal. If the registration and fees
are not returned within 15 days of the default notice having been
mailed, penalties will be imposed pursuant to the Uniform Fire Code.
Failure to pay the registration fee or any penalties assessed shall
result in a person being liable for a further penalty upon conviction
for nonpayment or nonregistration. The penalty upon conviction is
$50 for the first offense and $100 for each subsequent offense.
(b)
Collection of any unpaid fee or penalty shall be enforced through
the Borough of Chesilhurst Municipal Court or a court of competent
jurisdiction.
(2) Authorization to bill and institute litigation for costs. The Fire
Chief or his/her designee is hereby authorized to bill and collect
the costs due from any person responsible for said costs and, where
necessary, to direct the Fire District Solicitor to institute litigation
for the recovery of such costs.
(a)
No relief of responsibility for ownership transfer. No property
owner shall be relieved of the responsibility for costs of fire suppression
arising under circumstances present during his/her ownership solely
by reason of the fact that he/she has transferred ownership of the
property before or after the fire giving rise to the costs.
(b)
Additional actions and remedies. The remedies provided in this
section shall supplement any remedies available to the Fire District
by state law or are cumulative as other Borough ordinances and shall
not preclude the Fire District from taking any other action to recover
costs associated with fire suppression services and the mitigation
and removal of dangerous or hazardous conditions.
N. The regular business hours of the Winslow Township Fire Department,
Fire Prevention Division, shall be 8:30 a.m. to 5:00 p.m., Monday
through Friday, excluding holidays. Upon passage of this chapter,
the following fee schedule shall be implemented for after-hour inspections
where inspections are requested to be performed after regular business
hours:
|
Hour
|
Amount
|
---|
|
1 or less
|
$50
|
|
1 to 4
|
$200
|
|
4 to 8
|
$400
|
[Added 4-10-2014 by Ord. No. 2014-3]
A. Scope. The provisions of this section shall apply to any person who
operates, maintains or owns any fire alarm device or fire alarm system
designed to produce a visual or audible signal of an emergency or
otherwise designed to call and/or summon the Borough of Chesilhurst
Police Department, the Borough of Chesilhurst Fire Department (as
operated by the Winslow Township Fire Department) or any other municipal
agency to any location in response to any type of fire alarm signal.
B. Definitions. As used in this section, the following terms, phrases,
words and derivations shall have the following meanings:
BOROUGH
The Borough of Chesilhurst.
CHIEF
For purpose of this section, wherever the term "Chief" appears
by itself, it shall be interpreted to mean the Police Chief and/or
the Fire Chief, as the context and circumstances require.
FALSE FIRE ALARM
Any fire alarm or signal of a fire alarm device or fire alarm
system actuated by inadvertence, negligence, or an intentional or
unintentional act of a person other than an intruder and including,
as well, alarms caused by mechanical failure, malfunctioning or improper
installation of the alarm system and related equipment.
FIRE ALARM DEVICE or FIRE ALARM SYSTEM
Any mechanical, electrical or electronic device, including
smoke detectors, designed or used for the detection of fire, heat,
and/or smoke within a building structure or facility or for alerting
others about the existence of any such conditions requiring response
of police, fire or ambulance personnel, and which emits and/or transmits
an audible and/or visual signal or message when actuated.
FIRE CHIEF
The Fire Chief or Acting Fire Chief of the Winslow Township
Fire Department (when acting on behalf of the Borough) or his/her
designated representative. For purposes of this section, the term
"designated representative" shall mean any person designated by the
Fire Chief to perform a function required or permitted by the provisions
of this section.
FIRE DEPARTMENT
The Winslow Township Fire Department (when acting on behalf
of the Borough).
PERSON
Includes any natural person, partnership, corporation or
association.
POLICE CHIEF
The Police Chief or Acting Police Chief of the Borough of
Chesilhurst Police Department or his/her designated representative.
For purposes of this section, the term "designated representative"
shall mean any person designated by the Police Chief to perform a
function required or permitted by the provisions of this section.
SMOKE DETECTOR
A battery-operated or electrical device that makes a loud
noise when smoke is present to warn of a possible fire.
C. False fire alarms.
(1) In the case of false fire alarms, the Police Department shall cause
an investigation to be made and keep a record of all such alarms on
file. Upon the occurrence of a false fire alarm, the Police Department
shall cause a form notice of false fire alarm to be forwarded to the
property owner indicating the date and time of the alarm response,
comments with respect to the incident and information with respect
to the number of false fire alarms during the given calendar year.
For repeated false fire alarms generated at the same residential or
nonresidential property in any given calendar year, violations and
penalties for false fire alarms shall be based on the following schedule:
(a)
For the first false fire alarm in any given calendar year, a
written warning shall be issued.
(b)
For all false fire alarms occurring after the first false fire
alarm in any given calendar year, a fine of $250 for each occurrence
shall be imposed.
(2) Where a fire alarm device or a fire alarm system for a specific property or location within a property is the subject of eight or more false fire alarm incident reports during any calendar year, a summons to appear before the Borough Municipal Court for each occurrence shall be issued to the property owner and/or the business operator, and any and all fines and penalties shall be determined by the Court pursuant to §
225-4D of this chapter. Such fine shall be paid to the Municipal Court Clerk.
(3) All fines assessed pursuant to this section shall be by issuance
of a summons to the property owner stating the amount of the fine
to be paid. Such fine shall be paid to the Municipal Court Clerk.
(4) False fire alarms created by any act of God as determined by the Chief or by the Borough's governing body shall not be included in the count of false fire alarm incidents for purposes of calculating the applicable fine under §
225-4C(1) above. In addition, the Chief shall have the authority to waive any specific fines or not include any one or more incidents in the count of false fire alarm incidents for purposes of calculating the applicable fines as the Chief or the Borough's governing body determines is in the best interest of the Borough.
(5) In the event that the Police Chief, Fire Chief or Municipal Court
determines that the false fire alarm(s) occurred as a direct result
of an interruption of electrical power, a telephone system malfunction,
an alarm equipment malfunction or other causes clearly beyond the
control of the residential or nonresidential owner, the imposition
of the applicable false fire alarm fines or administrative sanction
may be waived and not counted as a false fire alarm incident.
D. Violations and penalties. Any person, firm or corporation found guilty
in the Municipal Court of the Borough for violation of the terms of
this section, in addition to the penalties already set forth herein,
shall be subject to a fine of a minimum of $500 to the maximum allowed
by law, or imprisonment for a period up to the maximum allowed by
law.
E. Applicability. The provisions contained herein shall apply equally
to those alarms systems that are placed in service prior to or subsequent
to the effective date of this chapter.