[Adopted 2-26-2007 by Ord. No. 3-2007 (Ch. 54A, Part 1, of the 1993 Code); amended in its entirety 7-22-2019 by Ord. No. 78-2019]
Pursuant to § 11 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-202), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Township of Buena Vista.
The local enforcing agency shall be the State of New Jersey Division of Fire Safety.
The State of New Jersey Division of Fire Safety (hereinafter "state") 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 Township of Buena Vista 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 state 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 types of life-hazard uses to be inspected by the state are as set forth in N.J.A.C. 5:70.1 et seq. and the buildings' uses and premises described therein shall constitute the life-hazard uses which are subject to registration and periodic inspection requirements to be undertaken by the state.
Pursuant to §§ 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the state shall have the right to appeal to the Atlantic County Construction Board of Appeals.
The state shall make such inspections with the Township of Buena Vista as are required by the Uniform Fire Code and shall charge such fees for inspection and permits as are provided by the applicable fee scheduler(s) as set forth in the New Jersey State Uniform Fire Code, and any subsequent amendment(s) thereto.
The state shall inspect all non-life-hazard-use hotels and multiple dwellings within the Township of Buena Vista to verify that all buildings within these use groups comply with the requirements of the Uniform Fire Safety Act. The state shall charge the inspection fees for inspection of R-1 and R-2 use groups in accordance with the applicable fee schedule(s) as set forth in the New Jersey State Uniform Fire Code, and any subsequent amendment(s) thereto.
A. 
The owner of every structure in the Township of Buena Vista used or intended for use for residential purposes by not more than two households, commonly known as single-family and two-family dwellings, shall have a smoke-sensitive alarm device installed on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance and use of household fire-warning equipment. The installation of battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. Each smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety of the State of New Jersey.
B. 
No owner, or owner's representative/agent, of any dwelling described in Subsection A of this section shall sell, lease or otherwise permit occupancy for residential purposes of any structure used or intended for use for residential purposes, including either unit of a two-family dwelling, without first obtaining a certificate of inspection from the Code Enforcement Officer. No certificate of inspection shall be issued by the Code Enforcement Officer until he has determined that the building, or each unit of the building in a two-family dwelling, is equipped with smoke sensitive alarm devices as provided for in Subsection A of this section.
C. 
The Township of Buena Vista Code Enforcement Officer shall charge inspection fees in accordance with the applicable fee schedule(s) as set forth in the New Jersey State Uniform Fire Code, and any subsequent amendment(s) thereto.
D. 
An owner, or owner's representative/agent, who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions or Subsection B of this section without complying with the requirements of Subsection A hereof, or without complying with the inspection and certification requirements of Subsections B and C hereof, shall be subject to a fine of not more than $500, which may be collected and enforced by the Township of Buena Vista by summary proceedings pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
A. 
In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the state. The state shall charge the inspection fees in accordance with the applicable fee schedule(s) as set forth in the New Jersey State Uniform Fire Code, and any subsequent amendment(s) thereto.
Use Group
Business
B/1: Under 2,500 square feet
B/2: 2,500 to 4,999 square feet
B/3: 5,000 to 9,999 square feet
B/4: 10,000 square feet and over
Factory
F/1: Under 6,000 square feet
F/2: 5,000 to 11,999 square feet
Mercantile
M/1: Under 6,000 square feet
M/2: 6,000 to 11,999 square feet
Storage
S/1: Under 2,500 square feet
S/2: 2,500 to 11,999 square feet
Residential
R/A: Non-owner-occupied, 1 and 2 units
R/B: 3 to 6 units
R/C: 7 to 12 units
R/D: 13 to 20 units
Restaurants/assembly
Under 50 seats
Residential
R/E: over 20 units
Utilities
Use/1: under 2,500 square feet
Use/2: 2,500 square feet and over
B. 
R/A uses shall be inspected and charged a fee only upon sale or change of tenant.
C. 
Uses not classified above that are subject to the Uniform Fire Code shall 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. 
Vacant buildings which create a fire hazard shall be charged and inspected according to the previous use of the building.
Structures owned by the Township of Buena Vista, by volunteer fire companies, by volunteer rescue squads, by the Buena Vista School District, and by all churches located in the Township of Buena Vista shall be exempt from the fee requirements of this Part 1 for all inspections of such structures. However, all such structures shall comply with the requirements of the Uniform Fire Safety Act and with the Uniform Fire Code and shall be inspected by the state in the same manner as all other structures under the jurisdiction of the state.
The application fees for the permits listed in N.J.A.C. 5:70-2.7 shall be as provided by state regulation.
A. 
Failure to return the completed registration form or pay the registration/inspection fee within 30 days of receipt of same may be subject to a monetary penalty which shall be a maximum of double the amount of the applicable registration/inspection fee (per the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.).
B. 
All penalties shall be in accordance with the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and its associated New Jersey Administrative Code provisions in N.J.A.C. 5:70-2.12 and 5:70-1.12A.