[Adopted 8-6-1985 by Ord. No. 12-1985]
[Amended 2-22-2005 by Ord. No. 2-2005; 3-5-2024 by Ord. No. 4-2024]
Pursuant to Section 11 of the Uniform Fire Safety Act[1] (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Township of Westampton. Local enforcement will continue within the Township of Westampton, and the Township shall cause there to be effectuated all inspections necessary pursuant to the Uniform Fire Code and, specifically, the Township hereby mandates inspection of all residential dwellings, either on sale, resale, rental or rerental, for appropriate smoke alarms pursuant to law and appropriate carbon monoxide alarms as required by law. It shall be the responsibility of the buyer of residential property to ensure the inspection prior to transfer of title. It shall be the responsibility of the landlord in the event of rental or rerental.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 12-5-2016 by Ord. No. 25-2016]
The local enforcing agency shall be the Westampton Township Emergency Services Bureau of Fire Prevention.
[Amended 12-5-2016 by Ord. No. 25-2016; 3-5-2024 by Ord. No. 4-2024]
The local enforcing agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Westampton, other than owner-occupied one- and two-family dwellings, and shall comply with the requirements of the Uniform Fire Safety Act, and the Uniform Fire Code, including the International Fire Code 2015, New Jersey Edition, and subsequent updates as published.
[Amended 7-14-2015 by Ord. No. 10-2015; 12-5-2016 by Ord. No. 25-2016]
The local enforcing agency established in § 128-2 shall be under the direct supervision and control of the Westampton Township Fire/EMS Chief, who shall report to the Township Committee on a monthly basis. The Fire Official and employees of the agency as set forth in § 128-6 shall report to the Fire/EMS Chief. The Fire Official shall submit a monthly report in writing to the Fire/EMS Chief to be forwarded to the Township Committee.
[Amended 5-27-1997 by Ord. No. 11-1997; 12-5-2016 by Ord. No. 25-2016]
A. 
Fire Official.
(1) 
Appointment. The Fire Official shall be appointed by the Township Committee.
(2) 
Term of office. The Fire Official shall serve for a term of three years.
(3) 
Specific powers and duties of Fire Official. Pursuant to N.J.A.C. 5:71-3.3, the Fire Official shall:
(a) 
Take all actions necessary to enforce the provisions of the current New Jersey State Uniform Fire Code at the time of the violation and to make all efforts to correct violations of the Code;
(b) 
Take all actions necessary to determine the origin and cause of fires within the Township;
(c) 
Prepare policies and procedures for promulgation by the Township Committee.
B. 
Deputy Fire Official.
(1) 
Appointment. The Township Committee may appoint a Deputy Fire Official who shall be under the supervision and control of the Fire Official.
(2) 
Term of office. The Deputy Fire Official shall serve for a term of three years.
(3) 
Powers and Duties of Deputy Fire Official. Pursuant to N.J.A.C. 5:71-3.3, the Deputy Fire Official shall:
(a) 
Perform the duties and responsibilities of the Fire Official in his or her absence;
(b) 
Perform such duties assigned by the Fire Official; and
(c) 
Have the authority to issue notices of violation and orders to correct violations for the current New Jersey State Uniform Fire Code at the time of the violation, Westampton Township Fire Prevention Code, and to assist in any legal proceedings taken against a violator of the Fire Prevention Code.
C. 
Inspectors and employees; appointment. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Township Committee upon the recommendation of the Fire Official.
D. 
Removal from office. The Fire Official, inspectors and other employees of the enforcing agency shall be subject to removal by the Township Committee for inefficiency or misconduct. The Fire Official, each inspector or employee to be so removed shall be afforded an opportunity to be heard by the Township Committee or a designated hearing officer.
Pursuant to Sections 15 and 17[1] of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Burlington County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
[Amended 11-21-1988 by Ord. No. 16-1988; 11-19-1990 by Ord. No. 16-1990; 3-16-1992 by Ord. No. 3-1992; 9-24-1996 by Ord. No. 16-1996; 6-9-1998 by Ord. No. 15-1998; 11-14-2000 by Ord. No. 15-2000; 4-22-2003 by Ord. No. 16-2003; 2-22-2005 by Ord. No. 2-2005; 11-22-2005 by Ord. No. 28-2005; 11-24-2009 by Ord. No. 15-2009; 4-10-2012 by Ord. No. 4-2012; 12-5-2016 by Ord. No. 25-2016; 3-5-2024 by Ord. No. 4-2024]
A. 
In addition to the inspection and fees required pursuant to the Uniform Fire Code and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
(1) 
All assembly (A), business (B), factory (F), mercantile (M), storage (S) and utility (U) occupancies as defined by the Uniform Construction Code, and which are not considered life hazards by the Uniform Fire Code, shall be inspected every year. The yearly fee shall be as follows:
Type
Area
(square feet)
Fee
1
0 to 1,500
$100
2
1,501 to 2,499
$150
3
2,500 to 3,499
$200
4
3,500 to 4,999
$250
5
5,000 to 7,499
$300
6
7,500 to 9,999
$400
7
10,000 to 14,999
$500
8
15,000 to 24,999
$600
9
25,000 to 50,000
$800
10
50,000 or more
$1,000
11*
N/A
$100 each building
12**
N/A
$10 per dwelling unit per inspection
*
NOTE: Type 11 shall be apartment and/or condominium buildings.
**
NOTE: Type 12 shall be cyclical inspections and enforcement of the Uniform Fire Code in Hotels and Multiple Dwellings.
(2) 
Smoke Alarm Inspections.
(a) 
For each residential smoke detector/carbon monoxide detector/portable fire extinguisher inspection made as required by P.L. 1991, c. 92, and P.L. 1999, c. 15, and for the issuance of a certificate evidencing compliance with the requirements of the aforesaid statutes, a fee shall be charged to the owner of the premises in the sum of $70.
(b) 
The application for a smoke detector/carbon monoxide detector/portable fire extinguisher inspection must be made at least fourteen calendar days' prior to the settlement date or the date the certificate of inspection is required. Appointments made within four to thirteen calendar days of the settlement or when the certificate is required will pay a penalty of $70 in addition to the original fee of $70, for a total of $140.
(c) 
The Westampton Bureau of Fire Prevention cannot guarantee that a smoke detector/carbon monoxide detector/portable fire extinguisher inspection will be completed on time if less than four working days' notice is given. If less than four days notice is given, a fee of $165 shall be charged.
(d) 
Certificates of inspection shall be valid for 90 days from time of inspection. After 90 days a new inspection shall be required.
(e) 
If the first inspection results in failure or the appointment is missed, a reinspection fee of $70 shall be charged.
(f) 
All smoke alarms must be less than 10 years old at time of reinspection.
(3) 
Cyclical inspections and enforcement of Uniform Fire Code in hotels and multiple dwellings. Pursuant to the provisions of N.J.A.C. 5:71-3.6(f), and 3.6(f)(1), the Fire Official is hereby authorized to inspect hotels and multiple dwellings that are not life-hazard uses at a frequency of not less than once every five years as is currently permitted by N.J.A.C. 5:10. The term "hotels" shall mean hotels, motels, rooming houses and boarding homes; the term "multiple dwellings" shall be interpreted to mean building sections containing more than four dwelling units as well as those containing less than four dwelling units, unless: 1) the property is held under a condominium or cooperative form of ownership or by a mutual housing corporation; 2) is in the building that has no occupied dwelling units not occupied by unit owners, if a condominium, or by shareholders, if a cooperative or mutual housing corporation; 3) has at least two exterior walls unattached to any adjoining building section; and 4) is attached to any adjoining building sections exclusively by fire separation walls having a one-and-one-half-hour minimum fire-resistance rating, in the case of buildings constructed prior to January 1, 1977, or as required by the State Uniform Construction Code at the time of construction. The fee shall be $10 per dwelling unit per inspection in addition to any above listed fees per building.
B. 
This section does not apply to any life hazard as defined in the Uniform Fire Safety Code of New Jersey.
C. 
Businesses not required to register with the New Jersey Division of Fire Safety under N.J.A.C. 5:70-2.6 shall register with the Westampton Township Emergency Services Bureau of Fire Prevention, the fees for which are set forth in Chapter 128, § 128-8.
[Added 11-14-2000 by Ord. No. 15-2000; amended 12-5-2016 by Ord. No. 25-2016; 3-5-2024 by Ord. No. 4-2024]
All permit requirements and fees shall comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code. Permit fees shall be as follows:
A. 
Type 1: $100.
B. 
Type 2: $400.
C. 
Type 3: $600.
D. 
Type 4: $800.
E. 
Type 5: $1,000.
[Added 2-22-2005 by Ord. No. 2-2005; amended 11-22-2005 by Ord. No. 28-2005; 3-5-2024 by Ord. No. 4-2024]
A failure by any person as set forth in § 128-1 to obtain a smoke alarm/carbon monoxide alarm or fire extinguisher inspection shall result in process being served upon such person to appear in the Westampton Township Municipal Court. Upon conviction, any person found guilty of violation of § 128-1 shall be subject to a fine of $500.