Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Somerdale. The Somerdale Fire Prevention Bureau will also enforce the Somerdale Fire Prevention Ordinance, Chapter 135, when and where applicable.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et. seq.
The local enforcing agency in the Borough of Somerdale shall
be the Somerdale Fire Prevention Bureau.
A.
The local enforcing agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it along with Somerdale Fire Prevention Ordinance, Chapter 135, in all buildings, structures and premises within the established boundaries of the Borough of Somerdale. The local enforcing agency will not enforce the Uniform Fire Safety Act in buildings, structures and premises owned or operated by the federal government, interstate agencies or the State of New Jersey, and who shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code. As per the aforementioned act and code, owner-occupied one- and two-family dwellings used exclusively for dwelling purposes will not be included in any cyclical inspection rotation.
B.
Duties.
(1)
The Fire Official/Fire Marshal shall be the Chief Officer of the
Somerdale Fire Prevention Bureau.
(2)
The Fire Official will ensure the maintenance of a central file system
for each property, building or use that requires a periodic inspection
or a permit. The files shall contain all information, including inspection
reports, notices and orders, and so forth, relevant to each property,
building or use.
(3)
The Fire Official will maintain a record of all reported fires and
all facts concerning the same, including investigative findings and
information as to the cause, origin and the extent of such fires and
the deaths, injuries and damage caused thereby.
(4)
The Fire Official and/or his designees will ensure that notice of
violation is served whenever inspections reveal violations.
(5)
The Bureau will provide permit applications to the public and assist
in their preparation.
(6)
The Fire Official or his designee will review and process all permit
applications.
(7)
The Bureau will ensure that the inspection required for the issuance
of a permit is performed in a timely manner.
(8)
The Bureau will ensure that no activity or use which requires a permit
is carried out without one.
(9)
The Bureau will ensure all life hazards and local businesses, buildings
and structures are registered with the State's Division of Fire
Safety and the Somerdale Fire Prevention Bureau, respectively.
(10)
The Fire Official will coordinate with the Fire Subcode Official
when a permit is required in order for premises to abate a violation
or to make a required installation.
(11)
The Fire Official will ensure all fees and penalties and/or
fines collected by this local enforcing agency are properly recorded
and accounted for.
(12)
The Bureau will ensure that all requests for variances are properly
prepared, documented and approved or denied in a timely manner.
(13)
The Bureau will ensure all persons seeking an appeal as per
the Uniform Fire Code are referred to the Camden County Construction
Board of Appeals.
(14)
The Fire Official will record all notices of violation and determine
the amount of all penalties for noncompliance.
(15)
The Fire Official or his designee will ensure that a report
for each inspection is completed and properly filed.
(16)
The Fire Official or his designee will take reasonable measures
to determine when imminent hazards exist and enforce the law as provided
for by the Uniform Fire Code of the State of New Jersey.
(17)
The Fire Official will file such reports as the Division of
Fire Safety may from time to time require. These reports include but
are not limited to end-of-year reports, code verification update reports
and burn victim reports.
(18)
The Fire Official will supervise the work of any assigned inspectors,
deputies or personnel to ensure compliance with the Uniform Fire Code
in its entirety.
(19)
The Fire Official will ensure that any Bureau staff members
requiring certification have been certified.
(20)
The Fire Official will ensure all Bureau procedures conform
to the Uniform Fire Code of the State of New Jersey and the regulations.
(21)
The Bureau will prepare and obtain reports required by the regulations.
(22)
The Fire Official will attend all meetings required by the Uniform
Fire Code and the regulations.
(23)
The Fire Official will coordinate the activities of this enforcing
agency with other code enforcing agencies and state agencies having
a related interest or responsibility.
(24)
The Fire Official or his designee will respond to and cause
to be investigated any complaints brought under the Uniform Fire Code
and/or this chapter.
(25)
The Fire Official will investigate, or cause to be investigated,
every reported fire or explosion occurring within this jurisdiction
that involves the loss of life or serious injury or causes destruction
or damage to property. Such investigations shall be initiated immediately
upon the occurrence of such fire or explosion; and if it appears that
such an occurrence is of suspicious nature, the Fire Official shall
take charge immediately of the physical evidence and, in order to
preserve any physical evidence relating to the cause or origin of
such fire or explosion, take means to prevent access by any person
or persons to such building, structure or premises until such persons
designated by law to pursue investigations into such matters become
involved and shall further cooperate with such authorities in the
collection of evidence and prosecution of the case.
(26)
Whenever a fire death occurs within this jurisdiction, the Fire
Official shall notify the Division of Fire Safety via telephone within
48 hours of the death. A fire incident and casualty report shall be
forwarded to the Bureau of Fire Safety within 30 days.
(27)
The Bureau will coordinate and conduct field surveys to identify
and register life hazard uses and also to maintain accurate and up-to-date
occupancy loads.
(28)
The Bureau will conduct fire inspections in all buildings, structures
and premises allowable by law to ensure compliance with the Uniform
Fire Code of the State of New Jersey.
(29)
The Fire Official or his designee will prepare violation notices
and orders to abate and serve to the public.
(30)
The Fire Official or his designee will witness the testing of
installed detection and protection systems as required by the Uniform
Fire Code of the State of New Jersey.
(31)
The Fire Official or his designee will meet with owners, occupants
or agents and explain violations and hazards and needed abatements.
(32)
The Fire Official will coordinate all fire prevention activities
in cooperation with the Somerdale Fire Department.
(33)
The Fire Official will coordinate walk-through preplan programs
for the Fire Department in order to familiarize the Department with
its jurisdictions premises.
(34)
The Fire Official will ensure that the Bureau is equipped with
the finest equipment needed to perform all its aforementioned duties.
He will also ensure this equipment is properly maintained and ready
for immediate utilization.
A.
The local enforcing agency established by § 135-2 of this article shall carry out the cyclical inspection of life hazard uses required by the Uniform Fire Code, on behalf of the Commissioner of the Department of Community Affairs.
B.
Non-life-hazard uses. In addition to the registrations required by
the Uniform Fire Code, non-life-hazard uses shall register with the
Bureau of Fire Prevention. These uses shall be inspected once per
year and pay the annual fee as set forth in the current Borough Fee
Ordinance.
C.
Multidwelling residential uses. All residential uses, including condominiums,
whether owner-occupied or tenant-occupied, with three or more attached
individual dwelling units shall be registered and inspected on a cyclical
inspection program. All common areas must be inspected yearly. All
individual dwelling units shall be inspected every other year. These
uses shall pay the annual fee as set forth in the current Borough
Fee Ordinance.
D.
All (non-owner-occupied) residential uses shall be registered and
inspected on a cyclical inspection program. These uses shall be registered
and inspected once per year and pay the annual fee as set forth in
the current Borough Fee Ordinance.
A.
Appointment of Fire Official. The local enforcing agency established
pursuant to § 134-2 of this article shall be under the supervision
of the Fire Official, who shall be the Chief Officer appointed by
the governing body of the Borough of Somerdale.
B.
Term of office. The Fire Official shall serve for a term of four
years. Any vacancy shall be filled for the unexpired term. The Fire
Official shall be removed from office during the term of appointment
only for good cause and only after having been offered a hearing upon
any charges before the governing body.
C.
Fire inspectors. The Fire Official shall select for employment fire
inspectors and other employees as he deems necessary to adequately
staff the Bureau. All prospective employees must be appointed by the
governing body. The Fire Official, at his discretion, may appoint
a fire inspector his deputy.
D.
Term of office. All fire inspectors and deputies shall serve for
a term of one year.
A.
Commercial business properties that have dwelling units attached
are required to install smoke and carbon monoxide detectors. These
detectors will be installed and maintained in accordance with the
Uniform Fire Code and all the codes and standards it references.
B.
Any commercial business and/or industrial properties that sell, keep,
raise or breed any animals shall have working smoke detectors installed.
Said smoke detector system shall have an audio and visual exterior
alarm and must be monitored.
A.
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of fire-suppression systems, including
fire hydrants and Fire Department connections that are located on
private streets and access lanes or on private property. The Fire
Official or his designee may assess, levy and collect penalties and/or
fines to ensure compliance. If the obstructions or encroachments are
not removed, the Fire Official shall proceed to remove the same. Costs
incurred in the performance of necessary work shall be paid from the
treasury on certificate of the Fire Official and with the approval
of the Borough Council; and the Borough shall institute appropriate
action for the recovery of such costs.
B.
No person shall tamper with, connect to, turn on, adjust, damage
or attempt to tamper with, connect to, open, turn on or adjust any
fire hydrant owned by the Borough or connected to the Borough water
system. Nothing in this section shall apply to any person authorized
by the Fire Official or the Supervisor of Public Works to do anything
to or utilize a fire hydrant.
A.
Firesafety permits. Permit Types 1, 2, 3, and 4 shall be paid as
set forth in the current Borough Fee Ordinance.
B.
In addition to the requirements of the Uniform Fire Code, any use
in a structure or its grounds which, at the discretion of the Fire
Official, varies from its normal use will require a Type 1 firesafety
permit.
C.
Fees established for copies of Fire Marshal investigation reports,
Fire Code status reports, or any other reports shall be paid as set
forth in the Current Borough Fee Ordinance.
D.
Additional required inspections and fees. In addition to the inspections
and fees required pursuant to the act and the regulations of the Department
of Community Affairs, all other non-life-hazard uses, including multidwellings
and all other structures, shall register and pay the annual fee as
set forth in the current Borough Fee Ordinance.
E.
For the purpose of uniformity, use groups of all buildings contained
in this section of the Code shall be defined using the 2009 New Jersey
Edition of the International Building Code. Such buildings shall be
subject to registration and cyclical inspection requirements established
by this article. Where two or more firesafety uses exist in the same
building or premises, each one shall be considered as separate and
distinct for the purposes of this article and shall be registered
pursuant to the provisions of this article.
F.
When a building or structure is not specifically classified within
a firesafety use group, such building or structure shall be included
in the firesafety use group it most nearly resembles with respect
to the existing life and fire hazard, and it shall be so classified
by the Fire Official.
G.
The annual inspection fee of all vacant buildings or premises shall
be in accordance with the previous use of the building or premises.
H.
All firesafety uses shall be inspected annually for compliance with
the provisions of this article and the Uniform Fire Safety Act. When,
in the opinion of the Fire Official, there exist conditions likely
to cause fire, contribute to the spread of fire, interfere with firefighting
operations, endanger life or violate the provisions or intent of this
article, additional inspections may be made as often as necessary
for the purpose of ascertaining these conditions and causing them
to be corrected.
I.
If any annual registration fee or any penalty for nonregistration
is not paid within 30 days, an additional penalty in the like amount
of the original fee will be assessed. The same may be sued for and
recovered by and in the name of the local enforcing agency in a civil
action by a summary proceeding under the Penalty Enforcement Law,
N.J.S.A. 2A:58-1 et seq., in the Somerdale Municipal Court.
J.
All buildings, structures or premises that fall into a cyclical inspection
program may be included in the walk-through preplan program. This
program has been instituted to prepare and familiarize the Fire Department
with buildings located in its jurisdiction, their occupancy and fire
load as well as any special hazards. When a business is selected to
participate in the program, the owner or person in charge shall provide
an agent familiar with the premises to accompany Fire Department personnel
and to provide information as deemed necessary by the Fire Department
to formulate a strategic plan in the event of a fire or explosion
or any other emergency situation. This program will be coordinated
by the Fire Official with the cooperation of the Fire Department.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by an order of the local enforcing
agency shall have the right to appeal to the Construction Board of
Appeals of Camden County.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et. seq.
A.
All violations and penalties pertaining to the Uniform Fire Code
shall be written, cited, and collected pursuant to N.J.A.C. 5:70-2.12
and N.J.A.C. 5:70-2.12A. No penalty shall be imposed except upon issuance
of a written order requiring abatement and the allowance of a reasonable
specified period in which to comply, unless a clear and evident notice
of violation exist. Any person, agent, firm or corporation who shall
violate any provisions of this article or the Uniform Fire Code shall
be subject to penalties and or imprisonment not exceeding 180 days,
or both, at the discretion of the Judge before whom such defendant
shall be convicted and with the approval of the Fire Official. A separate
offense may be deemed committed on each day during or on which a violation
occurs or continues.
B.
All other violations and fines pertaining to this chapter shall be
written as a summons of civil action by a summary proceeding under
the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq., in the Somerdale
Municipal Court. Unless otherwise specifically stated in this article,
the following penalties and/or fines apply so any person who violates
any provision of this article shall, upon conviction thereof, be subject
to any combination of the following:
C.
Obstruction of duties. Any person, agent, firm or corporation that
obstructs or hinders or causes to obstruct or hinder the Fire Official
or his designee in the performance of his/her duties shall be deemed
to have caused a clear and evident notice of violation and may be,
at the discretion of the Fire Official, immediately penalized and/or
fined a maximum of $5,000 per occurrence.
