[HISTORY: Adopted by the Mayor and Council of the Borough of Metuchen 12-15-2003 by Ord. No. 2003-20[1]; amended in its entirety 3-21-2011 by Ord. No. 2011-3. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided for the repeal of former Ch. 93, adopted 11-7-1977 by Ord. No. 77-28, as amended.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Metuchen.
The local enforcing agency shall be the Bureau of Fire Prevention which is hereby created in the Municipal Fire Department of the Borough of Metuchen. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.
A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Borough of Metuchen other than premises owned or operated by the federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Code.
The local enforcing agency established by § 93-2 of this chapter shall be a part of the Municipal Fire Department of the Borough of Metuchen and shall be under the direct supervision and control of a Fire Official who shall report to the Borough Administrator.
A. 
Fire Official. The Fire Official shall be certified by the state and appointed by the Mayor in consultation with the Chief of the Fire Department.
B. 
Term of office. The Fire Official shall serve for a term concurrent with the term of the Fire Chief with each term being for two years.
C. 
Inspectors. Inspectors in the local enforcing agency shall be appointed by the Mayor in consultation with the Fire Official. All life-hazard-use inspectors shall be certified by the state.
D. 
Removal from office. The Fire Official and inspectors of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by the same.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency (or agencies) shall have the right to appeal to the Board of Appeals of the County of Middlesex.
A. 
Any person, firm or corporation that is in violation shall be subject to a penalty. The penalty for the failure to register or failing to notify the Fire Official of a change in occupancy shall be up to $500. Unpaid penalties can be subject to the issuance of a summons to appear in Municipal Court in the Borough of Metuchen.
B. 
All annual registration set forth herein, except those registrations which are triggered by the sale or change of occupancy, must occur by June 1st. A late fee penalty shall be assessed in the amount of $10 per unit multiplied by the number of months the registration is overdue.
The local enforcing agency established by § 93-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
A. 
Each residential unit in the Borough of Metuchen, including owner-occupied single-family units, shall have a smoke detector and carbon monoxide detector on each level, and a fire extinguisher in the kitchen or within 10 feet thereof. Inspections of single-family units shall be scheduled for each change of occupancy. Fees shall be charged in accordance with this chapter.
B. 
All residential units within the Borough shall be inspected and charged a fee upon sale or change of tenant.
The following non-life-hazard uses shall register with the Bureau of Fire Prevention and pay an annual registration fee, according to the following schedule:
A. 
Fees.
(1) 
Mercantile/retail/banking: $50 for the first 2,000 square feet; $5 for each additional 1,000 or fraction thereof.
(2) 
Factories, assembly plants, wood and metal shops: $75 for the first 1,000 square feet; $10 for each additional 1,000 or fraction thereof.
(3) 
Warehouse, storage (no assembly) manufacturing or retailing: $50 for the first 3,000 square feet $5 for each additional 1,000 or fraction thereof.
(4) 
Business/office: $50 for the first 2,000 square feet $5 for each additional 1,000 or fraction thereof.
(5) 
Multiple dwellings (three or more dwelling units): $50 for the first four dwelling units; $10 for each additional four units or fraction thereof.
(6) 
Other use: $50 minimum inspection fee.
B. 
Residential (one- or two-family houses): Annual registration fee is $40 per rental unit.
C. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
D. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
E. 
In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
The Fire Official shall periodically inspect all uses registered hereunder once every two years. If more than one inspection is required in any year, due to a change in occupancy, the owner shall pay for each additional inspection an amount equal to the annual registration fee.
The owner of any premises that is registered hereunder shall notify the Fire Official in writing of each change of occupancy. At the time thereof or prior to the change of occupancy, the owner of any premises that is registered hereunder shall re-register with the Bureau of Fire Prevention and pay the annual registration fee.
[Amended 5-7-2018 by Ord. No. 2018-08]
In addition to the inspections and fees required pursuant to the Uniform Safety Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required.
A. 
The application fees for the permits listed in N.J.A.C. 5:70-2.7(b) shall be as provided by state regulation and are currently as follows:
Type
Fee
1
$54
2
$214
3
$427
4
$641
B. 
The cost for the issuance of a certificate of fire code status shall be $35.
C. 
The in-lieu-of-inspection application fee for a certificate of smoke detector (no substitution allowed for smoke detectors) and carbon monoxide alarm compliance (one on every level) (CSDCMAC), as required by N.J.A.C. 5:70-2.3, and portable fire extinguisher requirements in accordance with the New Jersey Law § 1 of P.L. 1991, c. 92 (N.J.S.A. 52:27D-198.1) (located within 10 feet of kitchen area), shall be based upon the amount of time remaining before the change of occupant is expected, as follows:
(1) 
Requests for CSDCMAC received more than 10 business days prior to the change of occupant: $45.
(2) 
Requests for CSDCMAC received four to 10 business days prior to the change of occupant: $90.
(3) 
Requests for CSDCMAC received fewer than four business days prior to the change of occupant: $161.
(4) 
Reinspection fee: $25 each time.
A. 
Storage of explosives and blasting agents is hereby prohibited throughout the entire Borough of Metuchen.
B. 
Storage of flammable liquids in outside aboveground tanks is hereby prohibited except where permitted by Chapter 110, Land Development, of the Code of the Borough of Metuchen. The construction, installation and maintenance of said tanks shall conform to the requirements of this Code and the Uniform Construction Code.
C. 
Bulk plants for flammable or combustible liquids are hereby prohibited throughout the entire Borough of Metuchen.
A. 
All buildings open to the public, new or existing construction shall have portable fire extinguishers installed in accordance with NFPA 10. All buildings shall have illuminated exit signs and emergency lighting installed in accordance with the Uniform Fire Code (permit from Building Department required for exit signs and emergency lighting).
B. 
All new construction that requires a water sprinkler system or standpipe system shall be installed according to the New Jersey Uniform Construction Code and maintained according to NFPA 25. All Fire Department connections shall be five-inch Storz.
Nothing in this chapter shall be construed to permit any construction or use which is prohibited by Chapter 110, Land Development, of this Code or other ordinances of the Borough.
Nothing herein contained shall be considered to repeal any previously established fire area or fire lane which shall continue to remain in full force and effect.
The invalidity of any section or provision of this chapter or of the Fire Prevention Code adopted by this chapter shall not invalidate other sections or provisions thereof. Any provisions of this chapter or the Fire Prevention Code adopted by this chapter which conflict with any state law or regulation shall have no effect, and such state law or regulation shall prevail in respect to the interpretation and enforcement of this chapter and the Code adopted herein.