[HISTORY: Chapter 29 was adopted by the Merchantville Borough
Council 7-20-1981 as Ord. No. 569. Ordinance No. 2014-02, adopted 5-12-2014 amended the chapter in entirety. Amendments
noted where applicable.]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et
seq.) shall be enforced by the Borough of Merchantville.
The local enforcing agency shall be the Merchantville Fire Department
through its Bureau of Fire Prevention which is hereby created. The
Bureau of Fire Prevention shall hereinafter be known as the local
enforcing agency.
A.
The local enforcing agency shall enforce the Uniform Fire Code in
all buildings, structures, and premises within the established boundaries
of the Borough of Merchantville other than one and two unit owner-occupied
dwellings used exclusively for dwelling purposes and buildings, structures,
and premises owned or operated by Federal Government, interstate agencies
or the State.
B.
The local enforcing agency shall faithfully comply with all the pertinent
requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
A.
The Bureau of Fire Prevention established by Section 29-2 of this chapter shall be under the direct supervision and control of a Fire Official who shall report to the Fire Commissioner or his designee.
B.
The Bureau of Fire Prevention shall have at least one paid part-time
Fire Official and as many part-time inspectors as required by the
Fire Official.
A.
Appointment and qualifications of the Fire Official. The Fire Official
shall be appointed by the Governing Body from a list of three names
submitted by the Chief of the Niagara Fire Company. In the event there
are no qualified personnel in the Fire Company, the Governing Body
can hire from outside of the Fire Company. Following are the qualifications
to be eligible for the Fire Official: Firefighter I, State of New
Jersey Fire Official Cert, Incident Management Level 2, Fire Investigation
classes, and five (5) years of experience in the fire service.
B.
Appointment and qualifications of inspectors and others employees.
Inspectors and other employees of the enforcing agency shall be appointed
by the Governing Body upon recommendation of the Fire Official. Inspectors
must be Firefighter I certified and complete a fire inspector's
class and a fire investigation class. All life hazard use inspectors
shall be certified by the State.
C.
Term of office. The Fire Official shall serve for a term of a minimum
of three years. Any vacancy shall be filled for the unexpired term.
The fire inspectors shall serve a term of one year. Any vacancy shall
be filled for the unexpired term.
D.
Removal from office. The Fire Official, inspectors and other employees
of the agency shall be subject to removal by the Governing Body for
just cause. Before removal from office, all persons shall be afforded
an opportunity to be heard by the Governing Body or a hearing officer
designated by the same.
The Bureau of Fire Prevention established by 29-2 of this chapter
shall carry out the periodic inspections of life hazard uses required
by the Uniform Fire Code on behalf of the Commissioner of the New
Jersey Department of Community Affairs.
A.
In addition to the registrations required by the Uniform Fire Code,
the following non-life hazard uses shall register with the Bureau
of Fire Prevention. These uses shall be inspected once per year and
pay an annual registration fee.
(1)
Residential uses (includes buildings with dwelling units not listed
as life hazard by the New Jersey Division of Fire Safety, except one-family
or two-family owner-occupied units):
|
R1
|
One to three units
|
$55.00
|
|
R2
|
Three to seven units
|
$90.00
|
|
R3
|
Eight to thirty-five units
|
$125.00
|
|
R4
|
Thirty-six to sixty-five units
|
$225.00
|
|
R5
|
Sixty-six to one hundred units
|
$325.00
|
|
R6
|
Over one hundred units
|
$425.00
|
(3)
Multiple business buildings:
|
MB1
|
Each individual business
|
$35.00
|
|
MB2
|
Common Area
|
$65.00
|
|
MB3
|
Each Floor
|
$100.00
|
B.
Residential uses shall be inspected and charged a $25.00 fee upon
change of tenant.
C.
Uses not classified above that are subject to the Uniform Fire Code
will be classified as single business uses.
D.
Uses required to register with the State as life hazard uses shall
not be required to register under this section.
E.
All vacant buildings will be charged and inspected according to the
previous use of the building.
F.
All abandoned properties shall be inspected and secured as required
by Section 311 of N.J.A.C. 5:70-3, and billed to the owner or a lien
to the property.
G.
The following building or structure, if classified as a non-life-hazard,
although not exempt from registration or inspection, will be exempt
from paying an inspection fee as pursuant to the act:
A.
The application fees for the permits listed in N.J.A.C. 5:70-2.7
(a) shall be as provided by State regulation and are currently as
follows:
|
Type 1:
|
$42.00
|
|
Type 2:
|
$166.00
|
|
Type 3:
|
$331.00
|
|
Type 4:
|
$497.00
|
B.
The cost for the issuance of a Certificate of Fire Code Status shall
be $35.00.
C.
The cost for a Fire Investigation Report shall be $50.00 and copies
of any pictures shall be $25.00.
D.
The fine for parking in a fire lane shall be $100.00.
E.
Certificate of smoke detector and carbon monoxide alarm (CSDCMAC)
as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of
time remaining before the change of occupant is expected, as follows:
(1)
Requests for CSDCMAC received more than 10 business days prior to
the change of occupant: $35.00.
(2)
Requests for CSDCMAC received four to 10 business days prior to the
change of occupant: $70.00.
(3)
Requests for a CSDCMAC received fewer than 4 business days prior
to the change of occupant: $125.00.
A.
Fire lanes will be established and maintained in accordance with
Section 503 of N.J.A.C. 5:70-3.
B.
Any occupied or unoccupied vehicle parked or standing in violation
of the provisions of Section 503 of N.J.A.C. 5:70-3, and hindering
fire-fighting operations shall be deemed a nuisance and a menace.
The Fire Official may fine and provide for the removal and storage
of such vehicle. The cost of such removal and storage shall be paid
for by the owner of said vehicle before he may regain possession of
same.
All owners, lessees or tenants of any building or structure
damaged by fire and subject to assistance from the Fire Department
of the Borough of Merchantville shall report to the Fire Department
the name and address of the fire insurance carrier, the name and address
of the insurance agent on such policy and policy limits of coverage.
This information shall be supplied to the Fire Official within five
days of the date of the fire in question.
There is further adopted by the Borough of Merchantville, in
the County of Camden and the State of New Jersey, for the purpose
of prescribing regulations governing conditions hazardous to life
and property from fire and explosion, the 16 volumes of the 1981 Edition
of the National Fire Code, including Life Safety Code 101, as compiled
by the National Fire Protection Association. Three (3) copies of said
code and any amendments, additions or modifications thereto, as herein
set forth, have been and now are filed in the Office of the Borough
Clerk for the use of and examination by the public.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any action of the local enforcing agency shall
have the right to appeal to the Camden County Construction Board of
Appeals.
Enforcement, violations, and penalties shall be managed in conformity
with the Uniform Fire Safety Act, the Uniform Fire Code and all other
laws of the State of New Jersey.
No insurer issuing fire insurance policies in the State of New
Jersey shall pay any claims for fire damages in excess of two thousand,
five hundred dollars ($2,500.) on any real property or improvements
located within the Borough of Merchantville unless or until the insured
person submits an official certificate of search for municipal liens
pursuant to N.J.S.A. 54:5-12 et seq., certifying that all taxes, assessments
or other municipal liens or charges levied and assessed and due and
payable against said property have been paid or the Borough of Merchantville
submits a certified copy of a resolution permitting same.
