[Derived from Sec. 14-1 of the 1999 Code
of the Township of Clinton; amended in its entirety 12-13-2017 by Ord. No. 1107-17]
Pursuant to the Uniform Fire Safety Act, N.J.S.A. 52:27D-192
et seq., the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq.,
shall be locally enforced in the Township of Clinton.
A.
The local enforcing agency shall be the Bureau of Fire Safety in
the Division of Fire Safety, Department of Public Safety of the Township
of Clinton.
B.
The Bureau of Fire Safety 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 other
than: owner-occupied one- and two-family dwellings; premises owned
by or leased to and maintained by the federal government or any agency
or instrumentality thereof; and interstate agencies, the State of
New Jersey, or any agency or instrumentality thereof. In undertaking
such enforcement, the Bureau of Fire Safety shall faithfully comply
with the requirements of the Uniform Fire Safety Act and the Uniform
Fire Code.
The Bureau of Fire Safety, designated in § 133-2 as the local enforcing agency, shall be part of the Division of Fire Safety within the Department of Public Safety in accordance with § 4-11 of the Township Code. The Fire Marshal shall be the chief administrator of the Bureau of Fire Safety and shall coordinate day-to-day Bureau responsibilities with the Fire Chief in the Division of Fire.
A.
Appointment of Fire Marshal. The Bureau of Fire Safety shall be under
the supervision of the Fire Marshal, who shall be appointed by the
Mayor, with the advice and consent of the Council following a recommendation
by the Township Administrator, who shall receive input from the Fire
Chief.
B.
Term of office. The Fire Marshal shall serve for a term of two years.
Upon a vacancy in the office prior to the end of the two-year term,
the new Fire Marshal's two-year term shall commence upon appointment
by the Mayor with the advice and consent of the Council pursuant to
resolution.
C.
Inspectors and employees. Such inspectors and other employees of
the Bureau of Fire Safety as may be necessary shall be appointed by
the Administrator pursuant to Township policy.
D.
Removal from office. All employees of the Bureau of Fire Safety shall
be subject to disciplinary action, including but not limited to removal,
pursuant to Township personnel policies. An employee so removed shall
be afforded an opportunity to be heard by a hearing officer designated
by the Mayor and Council. The determination of the hearing officer
shall be final.
Pursuant to the Uniform Fire Safety Act, any person aggrieved
by any order of the Bureau of Fire Safety shall have the right to
appeal to the Construction Board of Appeals of the County of Hunterdon.
The Bureau of Fire Safety shall carry out the periodic inspections
of life-hazard uses required by the Uniform Fire Code on behalf of
the New Jersey Commissioner of Community Affairs.
A.
Non-life-hazard use registrations shall be processed by the Bureau
of Fire Safety in compliance with the Uniform Fire Code.
B.
All Township-of-Clinton-owned property shall be exempt from the registration
fees required under this chapter except as it pertains to life-hazard
uses.
C.
In addition to the inspections required by the Uniform Fire Code,
the owners of businesses and of other uses constituting industrial,
commercial, professional services, educational multifamily residential
and other uses not classified as life-hazard uses by the Uniform Fire
Code shall register annually with the Bureau of Fire Safety within
30 days of notice. Failure to comply will result in assessment of
a penalty of $250.
D.
Owners of the aforesaid uses not classified as life-hazard uses by
the Uniform Fire Code shall pay to the Township of Clinton registration
fees determined by the gross floor area of the use as follows:
|
Gross Floor Area (square feet)
|
Fee
|
|---|---|
|
Under 499
|
$50
|
|
500 to 999
|
$80
|
|
1,000 to 2,999
|
$100
|
|
3,000 to 5,999
|
$125
|
|
6,000 to 11,999
|
$175
|
|
12,000 to 24,000
|
$300
|
|
For each additional 1,000 above 24,000
|
$25
|
E.
The payment of the above fees shall be the responsibility of the
occupant of the premises, except that the fee for retail or commercial
common area shall be the responsibility of the property owner. Fees
are subject to change from time to time upon adoption of an updated
ordinance or the discovery of additional square footage in a structure
or separate structure(s) that were not previously identified.
F.
Failure to pay registration fees. It shall be unlawful to refuse
or fail to pay a registration fee after being given notice to do so
as per the established fee schedule in this chapter, pursuant to the
Uniform Fire Safety Act. Any penalties assessed are in addition to
other penalties previously assessed.
A.
Pursuant
to the Uniform Fire Code, upon the request of the owner or bona fide
purchaser of a building or structure, the Fire Marshal shall issue
a certificate either enumerating the violations indicated by its records
to be abated and the penalties or fees indicated to be unpaid or stating
its records indicate that no violations remain unabated and no penalties
or fees remain unpaid. Such request shall be in writing and accompanied
by a fee of $25.
B.
Any person who purchases a property without having obtained a certificate
stating that there are no unabated violations of record and no unpaid
fees or penalties shall be deemed to have notice of all violations
of record and shall be liable for the payment of all unpaid fees or
penalties.
Before any residential property is sold, leased, or otherwise
made subject to a change of occupancy for residential purposes, the
owner shall obtain a certificate of smoke alarm, carbon monoxide alarm,
portable fire extinguisher compliance (CSACMAPFEC). The application
fees for CSACMAPFEC, as required by N.J.A.C. 5:70-2.3, shall be based
upon the amount of time remaining before the change of occupancy is
expected as follows:
A.
Requests for CSACMAPFEC received more than 10 business days prior
to change of occupancy shall be $50.
B.
Requests for CSACMAPFEC received four to 10 business days prior to
the change of occupancy shall be $90.
C.
Requests for CSACMAPFEC received fewer than four business days prior
to the change of occupancy shall be $161.
D.
A no-show or failed inspection shall be subject to a $50 reinspection
fee. A no-show inspection means:
(1)
The owner/agent fails to meet inspector within five minutes of the
appointed time for inspection or reinspection;
(2)
The owner/agent does not have a key or is unable to give the Fire
Marshal or designee access to the premises for the scheduled inspection
or reinspection; or
(3)
Electrical power to a premises is disconnected and smoke alarm(s)
to be tested are powered by electrical current from the building wiring
system.
E.
An owner who sells, leases, rents or otherwise permits to be occupied
for residential purposes any premises subject to the provisions of
this section when the premises do not comply with the requirements
hereof, or without complying with the inspection and certification
requirements hereof, shall be subject to a penalty of not more than
$500. This penalty shall be separate and distinct from penalties assessed
under the Uniform Fire Safety Act, N.J.S.A. 52:27D-198.3.
The following fees are hereby established for the types of permits
described in the New Jersey Uniform Fire Code at N.J.A.C. 5:70:2.9(c)
A.
The provisions of this article shall be enforced pursuant to the
provisions of the Uniform Fire Safety Act.
B.
Payment of penalties assessed shall be made in full within 30 days
after notice was issued. If not, collection will be referred to the
Township Attorney for summary collection pursuant to the Penalty Enforcement
Law, N.J.S.A 2A: 58-10 et seq.
C.
Appeals of any such penalties shall be filed with the Hunterdon County
Construction Board of Appeals.
