The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., was enacted for the purpose of establishing a Uniform Fire Safety Code throughout the State of New Jersey designed to protect the lives and property of the state's citizens. The Uniform Fire Safety Act authorizes municipalities to adopt an ordinance providing for local enforcement of this Act and the State regulations adopted pursuant thereto.
[Amended 4-2-2019 by Ord. No. 19-2019]
The Bureau of Fire Safety is hereby established with the Millville Fire Department as the local enforcing agency for administration and enforcement of the Uniform Fire Safety Act and the state regulations. The Bureau of Fire Safety shall consist of a Fire Marshal who also shall be the chief administrator and such fire inspectors as shall be appointed. The Fire Marshal may appoint two additional Fire Officials to serve as Deputy Fire Marshals.
[Amended 4-2-2019 by Ord. No. 19-2019]
The Fire Marshal and fire inspectors shall be appointed by the Director of Public Safety in accordance with applicable state law. The local Bureau of Fire Safety shall have at least one paid fire inspector as required by New Jersey Regulations for Fire Code Enforcement. The Fire Marshal, Deputy Fire Marshal(s), and fire inspectors may be removed by the Director of Public Safety in accordance with applicable state law. All appointments shall consider civil service status where applicable.
A. 
The local Bureau of Fire Safety shall administer and enforce the Uniform Fire Safety Act and the state regulations for all buildings, structures and premises within the City, other than owner-occupied buildings used exclusively for dwelling purposes and containing fewer than three dwelling units.
B. 
The state law and this article shall not be construed as authorizing the adoption of a requirement for a building, conforming in all respects to the provisions of the State Uniform Construction Code Act, to be made to conform to more restrictive standards, except as to the requirements contained in the Retrofit Regulations.
C. 
Buildings, structures and premises owned or operated by the state, its agencies, departments, instrumentalities, or an interstate agency shall be inspected exclusively by the Department of Community Affairs. For purposes of this section, unit of a local government, whether county, interlocal or municipal, or a local, county, regional or consolidated school district shall not be deemed to be an instrumentality of the state.
[Amended 5-1-2012 by Ord. No. 16-2012; 7-5-2016 by Ord. No. 28-2016]
The regulations of the local Bureau of Fire Safety shall be administered in accordance with the State of New Jersey Regulations for Fire Code Enforcement, N.J.A.C. 5:18A-1 et seq.,[1] under the authority of the Director of Public Safety.
[1]
Editor's Note: See N.J.A.C. 5:71.
[Amended 4-2-2019 by Ord. No. 19-2019]
Persons appointed to the local Bureau of Fire Safety shall be trained and certified in accordance with the New Jersey Regulations for Fire Code Enforcement. The local Bureau of Fire Safety shall be under the direct supervision and control of the Fire Marshal who shall report to the Director of Public Safety through the Fire Chief. The Fire Chief may also serve as the Fire Marshal.
A. 
Registration fees. The fees for registration are set by the state in accordance with the New Jersey Uniform Fire Code.
B. 
Permit fees. In addition to the registration of life-hazard uses, certain activities and uses are required to be regulated only with permits. The permits are currently classified into five types with application fees for each. The local enforcing agency shall review these applications, activities and uses as required by state law. The permit fees shall be set in accordance with the New Jersey Uniform Fire Code.
[Added 7-5-2016 by Ord. No. 28-2016]
A. 
Inspections. In addition to the life-hazard use inspections pursuant to this article, the regulations of the Department of Community Affairs also require all non-life-hazard buildings and structures to be inspected.
B. 
Annual registration fees.
[Amended 4-2-2019 by Ord. No. 19-2019]
(1) 
Businesses/uses that qualify as a life-hazard use will be assessed an annual registration fee in accordance with N.J.A.C. 5:70-2.9 by the New Jersey Division of Fire Safety.
(2) 
Businesses/uses that are non-life-hazard uses shall be assessed an annual firesafety registration fee per business and/or use according to the schedule below (use group as defined in the Uniform Construction Code):
(a) 
New initial registration: $50.
(b) 
Use Group A.
[1] 
Occupancy of less than 50 persons: $50.
(c) 
Use Group B.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(d) 
Use Group F.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(e) 
Use Group M.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(f) 
Use Group S.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(g) 
Use Group U.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(h) 
Use Group R-1 and R-2 hotels and motels that do not qualify as a life-hazard use: $100.
(i) 
Vacant, closed or shuttered commercial buildings.
[1] 
Under 1,000 square feet: $100.
[2] 
One thousand square feet or more: $150.
(j) 
Private communities, such as but not limited to mobile home parks, gated communities or developments where site inspections are required for signage, fire hydrants, access, etc. $100.
(k) 
Self-storage facilities: $150. This fee shall include all storage buildings and office regardless of amount of rental units.
(l) 
Any business that already pays a fee for a permit required under the Uniform Fire Code shall only be charged a registration fee of $25.
C. 
Inspection fees. Any business/use that neither qualifies as a life-hazard use nor fits in a category as outlined under registration fees will be assessed an inspection fee of $25 at the time the building is inspected.
D. 
Responsibility. In accordance with N.J.A.C. 5:70-2.2, the landlord and tenant shall share equal responsibility for any violations, penalties or fees associated with the enforcement of the fire code.
E. 
The fee for a certificate of fire code status shall be $25.
F. 
Applications and fees for non-life-hazard use registrations shall be processed by the Fire Prevention Bureau.
G. 
Non-life-hazard use registered buildings shall be inspected at least once every three years.
[Added 4-2-2019 by Ord. No. 19-2019]
[Added 6-1-2010 by Ord. No. 9-2010]
Pursuant to the Uniform Fire Safety Act, the State of New Jersey adopted regulations which are set forth in the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq. Pursuant to these regulations, carbon monoxide alarms and smoke detectors are required to be installed in all residential homes within Use Group R-3 or R-4 within the City of Millville.
[Amended 6-1-2010 by Ord. No. 9-2010; 12-5-2017 by Ord. No. 41-2017]
A. 
Upon the sale of a residential home, the owner shall obtain a certification from the Bureau of Fire Safety verifying compliance with the applicable regulations regarding the installation of carbon monoxide alarms and smoke detectors. Fees for the inspection and certification shall be those set forth in N.J.A.C. 5:70-2.9 [Fees: registration; certificate of smoke detector and carbon monoxide alarm compliance (CSBCMAC); permit; carnival registration certificate];
B. 
Where a residential home fails its initial inspection, a reinspection fee in the sum of $25 shall be paid.
An application for a variance from the requirements of state law shall be filed in writing pursuant to N.J.S.A. 52:27D-200 and state regulations.
Any person aggrieved by any ruling, action, order or notice of the local Bureau of Fire Safety entered pursuant to this article shall be entitled to an administrative hearing before the Construction Board of Appeals of Cumberland County, which appeal shall be filed in accordance with state law after receipt of the ruling, action, order or notice.
A person who violates a provision of the Uniform Fire Safety Act or the regulations adopted pursuant thereto shall be liable for the penalties set forth in the state statute and state regulations in accordance with the enforcement provisions contained therein.