18-8 CERTIFICATE OF SMOKE ALARM CARBON MONOXIDE DETECTOR FIRE EXTINGUISHER HOUSING CERTIFICATE (CSACMFEHC).
[1967 Code § 17-1]
Preamble. The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey. N.J.S.A. 52:27D-202 authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose. It is hereby determined that it is in the best interests of the Borough to have the Act enforced locally and the Fire Department has agreed to the plan which is set forth herein for the administration and enforcement of the Act.
[1967 Code § 17-2.1]
Pursuant to N.J.S.A. 52:27D-202, the Uniform Fire Safety Act shall be locally enforced within the Borough.
[1967 Code § 17-2.2]
The local enforcing agency shall be the Bureau of Fire Prevention.
[1967 Code § 17-2.3]
The Bureau of Fire Prevention shall enforce the Uniform Fire Safety Act, the codes and regulations adopted under the authority thereof, the Uniform Fire Code, and the regulations of the Department of Community Affairs, in all buildings, structures and premises within the established boundaries of the Borough 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.
[1967 Code § 17-2.4]
The Bureau of Fire Prevention established as the local enforcing agency shall carry out the periodic inspection of non-life hazard uses as required by the Uniform Fire Code.
[1967 Code § 17-2.5; Ord. No. 07-03]
The head of the local enforcing agency established by Subsection 18-2.2, shall be a Fire Marshal who shall be responsible for the administration, control and management of the work of the agency, and who shall directly supervise all subordinate officials and employees thereof. The Fire Marshal shall report to the Borough Administrator or such other official as the Borough Administrator shall designate.
[1967 Code § 17-2.6; Ord. No. 07-03]
Appointment of fire marshal. The Fire Marshal shall be appointed by the Mayor and Council for a term of four years and until his successor shall have been appointed and qualified. Any vacancy in the term of the Fire Marshal shall be filled for the balance of the unexpired term.
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Fire Marshal.
Removal from office. The Fire Marshal, inspectors and other employees of the local enforcing agency shall be subject to removal from office or position in accordance with law.
[1967 Code § 17-3]
Pursuant to N.J.S.A. 52:27D-206b and N.J.S.A. 52:27D-208c, any person aggrieved by any order or action of the local enforcing agency shall, in accordance with law, have the right of appeal to the Construction Board of Appeals of the County of Somerset.
[1967 Code § 17-4; Ord. No. 07-03]
In addition to the inspection required pursuant to the Uniform Fire Safety Act, the codes and regulations adopted under the authority thereof, the Uniform Fire Code, and the regulations of the Department of Community Affairs, all buildings or portions thereof except owner occupied one and two family dwellings and life hazard uses shall be inspected by the local enforcing agency, annually or more frequently, as shall be determined necessary by the Fire Marshal.
[1967 Code § 17-5]
The permit fees established by the Uniform Fire Code are hereby adopted.
[1967 Code § 17-6; Ord. No. 07-03; Ord. No. 2010-25; Ord. No. 2016-06 § 3]
In addition to the registrations required by the Uniform Fire Code, the following nonlife hazard uses shall register with the Bureau of Fire Prevention and shall pay annual fees as set forth below:
[Amended 9-25-2018 by Ord. No. 2018-23]
Uses not above classified that are subject to the Uniform Fire Code shall be classified as Business/Assembly uses.
Uses required to register with the State of New Jersey as life hazard uses shall not be required to register under this section.
[Amended 7-24-2018 by Ord. No. 2018-15]
[Added 9-25-2018 by Ord. No. 2018-23]
Failure to pay any inspection and/or permit fees within 30 days of invoice will be issued a final notice by the Fire Marshal or his designee. Failure to pay fees within 30 days of final notice will be subject to a summons and mandatory appearance in Municipal Court.
18-8 CERTIFICATE OF SMOKE ALARM CARBON MONOXIDE DETECTOR FIRE EXTINGUISHER HOUSING CERTIFICATE (CSACMFEHC).
[Added 9-25-2018 by Ord. No. 2018-22]
No single-family, two-family or multifamily residence, dwelling unit or apartment shall be sold or rented unless and until a CSACMFEHC has been issued as hereinafter provided.
Every building or structure constructed for single-family and two-family occupancy shall have installed therein and thereafter maintained an approved fire detection system. The detector shall be of the ionization or other approved type, sensitive to any of the products of combustion except that detectors sensitive to heat only are unacceptable. The detector shall be of the types operated by battery or electricity on a specific circuit. A minimum of one detector shall be required on each level and within 10 feet of any bedroom door. Alarm signaling devices shall be clearly audible in all bedrooms when all intervening doors are closed. For the purpose of installation and maintenance, only the applicable sections of National Fire Prevention Association (N.F.P.A.) No. 72, "Standard for the Installation, Maintenance, and Use of a House Fire Warning System," shall constitute accepted practices.
In the case of rental properties, the occupants of the dwelling units shall be responsible for replacing batteries in fire detection devices whenever new batteries are required.
Failure to install and/or maintain a fire detection system as mandated by this section will subject the offender to a fine not to exceed $500 per each location of violation.
Each time there is a transfer of ownership or rental of single-family, two-family or multifamily residences, dwelling units or apartments within the Borough of Bound Brook, the owner of such property must obtain from the Fire Official a CSACMFEHC certifying that the property is in compliance with all provisions of Borough Regulations, including, but not limited to, Property Maintenance, Chapter 17, as it presently exists, and the International Construction Code and fire codes as they existed when the building was initially constructed.
The inspection fee for a CSACMFEHC shall be $100. Inspection fees are due prior to scheduling inspection. In addition, the fee to reschedule a no-show inspection or shall be $75. No-show shall be held to mean:
Owners/agents who fail to meet an inspector within five minutes of the appointed time;
Owners/agents who do not have a key to enter the premises for a scheduled inspection; or
Electrical power to a premises is disconnected and smoke detectors to be tested are powered by electrical current from the structural wiring system.
Before a CSACMFEHC shall be issued, the Fire Marshal or designee shall make an inspection of the premises to determine whether the certificate may or may not be issued.
Application for a CSACMFEHC shall be submitted to the Fire Marshal or designee and once the application has been received by the Fire Marshal or designee, the certificate shall be issued within six business days of the receipt of the inspection if the property is found to be in compliance with the provisions of this section.
No right, title or interest in any parcel of real property upon which a well is located shall be transferred unless the water contained therein shall be deemed fit for human consumption.
Upon satisfactory compliance with the aforementioned requirements by the seller of any such parcel of real property, the Bound Brook Board of Health shall notify the Fire Marshal that a CSACMFEHC may be issued for the property in question.
In any case in which a change of occupancy of any dwelling unit in a building with fewer than three dwelling units is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness and upkeep of the premises, no such certificate shall be issued until the officer or agency responsible for its issuance has determined that the dwelling unit is equipped with one or more carbon monoxide sensor devices, or that there is no potential carbon monoxide hazard in the dwelling unit. Any such determination shall be made in accordance with rules adopted by the Commissioner of Community Affairs.
In the case of an initial occupancy or a change of occupancy of any dwelling unit in a building with fewer than three dwelling units to which the provisions of paragraph a do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that dwelling unit without first obtaining from the relevant enforcing agency under the Uniform Fire Safety Act, P.L. 1983, c. 383 (N.J.S.A. 52:27D-192 et seq.) a certificate indicating that the dwelling unit is equipped with one or more carbon monoxide sensor devices, or that there is no potential carbon monoxide hazard in the dwelling unit. Any such determination shall be made in accordance with rules adopted by the Commissioner of Community Affairs.
The local governing body having jurisdiction over the enforcing agency or, where the Division of Fire Safety is the enforcing agency, the Commissioner of Community Affairs, may establish a fee which covers the cost of inspection and of issuance of the certificate; however, if an inspection is being made and a certificate is being issued evidencing compliance with § 2 of P.L. 1991, c. 92 (N.J.S.A. 52:27D-198.2), the fee authorized therein shall cover the costs of complying with this subsection.
For the purposes of this subsection:
- CARBON MONOXIDE SENSOR DEVICE
- A carbon monoxide alarm or detector that bears the label of a nationally recognized testing laboratory, and has been tested and listed as complying with the most recent Underwriters Laboratories standard 2034 or its equivalent.
- DWELLING UNIT
- A structure, or a room or group of rooms within a structure, used or intended for use, in whole or in part, for residential purposes.
An owner who sells, leases or otherwise permits occupancy of a dwelling unit without complying with the provisions of this section shall be subject to a fine of not more than $100, which may be collected and enforced by the local enforcing agency by summary proceedings pursuant to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.) (N.J.S.A. 52:27D-133.3).
[1967 Code § 6-2.14]
No person, company or entity shall park any vehicle or otherwise obstruct any of the areas set forth in Subsection 18-10.3, Schedule of Fire Zones.
[1967 Code § 6-2.15]
The owner of any property designated in Subsection 18-10.3 shall mark the fire lanes described in that schedule by providing signs constructed of metal with raised red letters a minimum of two inches in size on a white background with the words "No Parking Any Time." Spacing of the signs shall be a minimum of one sign for every 100 feet of fire lane or part thereof. The area of fire lane shall be delineated with yellow lines four inches in width which contain a marking indicating "No Parking Any Time" in yellow letters at least 18 inches in height. The inside of the fire lane shall be further marked with diagonal stripped yellow lines four inches in width spaced at intervals of five feet. If a designated fire lane abuts the curb, the curbing shall be yellow in color where it abuts the fire lane.
[1967 Code § 6-2.14; Schedule XV]
No person shall park any vehicle or otherwise obstruct any of the following areas designated as Fire Zones.
[1967 Code § 6-2.16]
It shall be unlawful for any person to obscure from view, damage, obstruct or restrict access within 10 feet of any fire hydrant or any Fire Department connection for pressurization of Fire Department suppression systems including fire hydrants and Fire Department connections located on public, private or other streets and access lanes or on private property.
[1967 Code § 6-2.17]
The Bound Brook Fire Chiefs, Fire Marshal or any Police Officer may enforce subsections 18-10.1 through 18-10.4 by issuing a summons. If the Fire Chief or duly authorized representative or police officer deems it necessary, or any obstructions or encroachments are not removed, the Fire Chief, representative or Police Officer shall be empowered to remove the same. Costs incurred in the performance of the necessary work shall be paid by the owner of the obstruction or his representative. Any individual engaging in official action such as the Fire Chief, Fire Marshal or Police Officer shall not be responsible or liable for any damages due to any obstruction during the removal process performed as part of an official duty.