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.
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.
[Amended 4-22-2025 by Ord. No. 2025:09]
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.
E. 
As a requirement for passing any inspection hereunder, it is a requirement that the property have a:
(1) 
Fire extinguisher, 2a-10bc fire extinguisher located within 10 feet of a kitchen and placed in a visible location; and
(2) 
Working smoke alarm/detector located on each floor in the common area and at least one in each bedroom with either a ten-year sealed battery-powered single station alarm or an A/C powered single or multi-station alarm, which alarms shall not be replaced with battery-powered smoke alarms.
A. 
The Somerdale Fire Prevention Bureau shall be under the supervision of the Fire Official, who shall report to the Borough Administrator.
B. 
Such funds as may be necessary to support the operation of the Bureau shall be raised in the manner provided by law.
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:
(1) 
A fine of not less than $100 nor more than $1,000.
(2) 
A term of imprisonment not exceeding 90 days.
(3) 
A period of community service not exceeding 90 days.
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.