The authority to adopt a fire prevention code by reference
is contained in N.J.S. 40:49-5.1, et seq.
A bureau of fire prevention of the borough is hereby established.
The bureau shall consist of a fire safety officer who shall be appointed
annually on January 1 by the mayor and council and fire inspectors
who shall be under the supervision of the fire safety officer. The
fire safety officer shall report the names of the inspectors to the
mayor and council, and after such inspectors have been confirmed by
the mayor and council they shall be sworn in for the faithful performance
of their duties.
The fire safety officer shall designate such inspectors from
time to time as may be necessary to fill vacancies in the same manner
as original inspectors, who shall be sworn in for the faithful performance
of their duties.
It shall be the duty of the fire safety officer of the bureau
of fire prevention to enforce all laws and ordinances covering the
following:
a.
The prevention of fires.
b.
The storage and use of inflammables.
c.
The installation and maintenance of automatic and other fire alarm
systems and fire extinguishing equipment.
d.
The maintenance and regulation of fire escapes.
e.
The maintenance and adequacy of exits in case of fire from retail
establishments, professional buildings, banks, factories, schools,
hospitals, churches, halls, theaters, amphitheaters and all other
public places in which numbers of persons or the public work, live
or congregate from time to time for any purpose.
f.
To cooperate with the chief of the fire department when so requested
in the investigation of the cause, origin and circumstances of any
fire.
g.
The regulation, use, handling, storage and sale of fuel oil for the
arrangement, design, construction and installation of burners, tanks
and other equipment for the burning of fuel oil, gas or electricity
for heating purposes.
They shall have such powers and perform such other duties as
are set forth in other sections of this chapter, and as may be conferred
and imposed by law.
a.
The fire safety officer or any inspector shall inspect as often as
may be necessary, but not less than four times a year, all specially
high hazardous manufacturing processes, storage, or installations
of gases, chemicals, oils, explosives and flammable materials,[1] all interior fire alarms and automatic sprinkler systems,
and such other hazards or appliances as the fire safety officer shall
designate, and shall issue such orders as may be necessary for the
enforcement of the laws and ordinances governing the same and for
safeguarding of lives and property from fire.
[1]
Such high hazard locations shall include but not be limited
to auto body shops, lumber yards, petroleum, liquid gas and chemicals
distributors.
b.
The fire safety officer or any inspector designated by him shall
inspect as often as may be necessary but not less than two times a
year all other establishments identified in 13-1.2e which are not
considered high fire hazard areas. The fire safety officer shall designate,
and shall issue such orders as may be necessary for the enforcement
of the laws and ordinances governing the same and for safeguarding
of lives and property from fire.
c.
It shall be the duty of the fire safety officer to inspect or cause
to be inspected by the bureau of fire prevention, as often as may
be necessary such buildings and premises, including the interiors
of private dwellings, which have been reported to the fire safety
officer for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire, or any violations of the provisions
or intent of any ordinance of the borough affecting the fire hazard.
Whenever the fire safety officer finds in any building or upon any
premises, combustibles or explosive matter or dangerous accumulations
of rubbish or unnecessary accumulation of waste paper, boxes, shavings
or any highly inflammable materials, and which is so placed as to
endanger property, or finds obstructions on fire escapes, stairs,
passageways, doors or windows liable to interfere with the operations
of the fire department or egress of occupants in case of fire, he
shall order the same to be removed or remedied.
d.
The fire safety officer, upon the complaint of any person or whenever
he deems it necessary, shall inspect all buildings and premises within
his jurisdiction whenever any department officer finds any building
or other structure which, for want of repairs, lack of sufficient
fire escapes, automatic or other fire alarm apparatus or fire extinguishment
apparatus, or by reason of age or dilapidated condition, or from any
other cause is especially liable to fire, and which is so situated
as to endanger other property or the occupants thereof, and whenever
such officer finds in any building combustible or explosive matter
of flammable conditions dangerous to the safety of the occupants thereof
or dangerous to adjoining properties, shall order such dangerous conditions
or materials to be removed or remedied.
e.
The service of any orders herein required shall be made upon the
occupant and owner if different of the premises to whom it is directed,
either by delivering a copy to such occupant personally or delivering
a copy to and leaving it with any person over 14 years of age in charge
of the premises, or by affixing a copy thereof in a conspicuous place
on the door to the entrance of the premises.
f.
Whenever it may be necessary to serve an order upon the owner of
the premises, such order may be served either by delivering to and
leaving with the owner a copy of the order or, if the owner is absent
from the jurisdiction of the officer making the order, by mailing
such copy to the owner's last known address by certified mail.
Any such order shall forthwith be complied with by the owner or occupant
of the premises or buildings.
g.
It shall be the duty of the fire safety officer to require teachers
of public, private or parochial schools and educational institutions
to have two fire drills each month and to keep all doors and exits
unlocked during school hours.
h.
The fire safety officer shall keep in the office of the borough hall
a record of all fires resulting in property damage and all the facts
concerning the same, including statistics as to the extent of such
fires and the damages caused thereby, and whether such losses were
covered by insurance, and if so, in what amount. This information
shall be obtained from the fire chief within 30 days after the fire
occurs. It shall be the duty of the borough clerk to furnish the bureau
of fire prevention copies of the zoning ordinance, building code and
fire prevention ordinance now in force or hereafter adopted.
a.
In order to further provide for the protection of life and property
from fire within the borough and to prevent possible conflagration,
it shall be unlawful for the owner or tenant of vacant lands and fields
to permit the grass to stand or remain at a height that would make
possible a serious fire spread or conflagration if ignited from any
cause, thereby endangering the lives and properties of others in the
vicinity.
b.
It shall be the duty of the owner or tenant of vacant lands or fields
whereon such grass, weeds, brush or other impediments may be growing
or standing to remove such within ten days after notice to remove
the same has been given in writing by the fire safety officer, any
police officer or the board of health.
a.
In order to further provide for the protection of life and property
from fire within the borough and to prevent possible conflagration,
it shall be unlawful for the owner, tenant or occupant of any lands
lying within the limits of the borough to allow or permit the existence
of such brush, weeds, dead trees, tree trunks, roots, obnoxious growth,
filth, garbage, trash, debris or other materials on such lands which
create a fire hazard or is injurious to the public health or safety,
after the expiration of ten days notice to remove the same, which
notice shall issue from the fire safety officer, any police officer,
or the board of health and be served according to law.
b.
The notice referred to in paragraph (a) shall be served upon an owner
or tenant residing in the borough in person, or by leaving it at his
usual place of residence with a member of his family above the age
of 14 years, upon an owner or tenant not residing in the borough or
not available for personal service, either by personal service, or
by mailing the notice to him at his last known post office address,
or it may be served upon the occupant, manager, operator or agent
in charge of the property if the owner or tenant is unknown. If service
as herein provided cannot for any reason be made, notice shall be
published at least once not less than 30 days before the proposed
removal and destruction, as hereinafter provided, in a newspaper circulating
in the borough. Notice to infants or persons of unsound mind shall
be served upon their guardians. Where lands are held in trust, notice
shall be given to the trustee. Where lands are owned or held by joint
tenants, tenants in common, or tenants by entirety, or are occupied
by more than one person, service upon one owner or occupant shall
be deemed as notice to all.
c.
At the expiration of any time required of any owner or tenant to
remove any matter, the borough shall have the right to remove the
same under the direction of a borough official who shall certify the
cost thereof to the mayor and council, who shall examine the same
and if found correct, cause the total cost to be charged against the
land from which the same was removed. The amount so charged shall
become a part of the taxes next to be assessed and levied upon such
land, and shall bear interest at the same rate as taxes, and shall
be collected and payment enforced by the same officers and in the
same manner as provided for the collection and enforcement of taxes.
Any person who violates any of the provisions of this chapter or neglects to comply with any order or notice issued pursuant to any section herein by the bureau of fire prevention, shall be subject to the provisions of section 5-13 this revision.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383) the New Jersey Uniform Fire Code shall be locally enforced
in the Borough of Little Silver.
The local enforcing agency shall be the bureau of fire prevention
which is hereby created in the Borough of Little Silver.
The local enforcement agency shall enforce the Uniform Fire
Safety Act and the codes and regulations adopted under it in all buildings,
structures and premises within the Borough of Little Silver, 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.
The local enforcing agency established by subsection 13-4.2 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the commissioner of community affairs.
The local enforcing agency established by subsection 13-4.2 of this section shall be part of the administrative department of the borough and shall be under the direct supervision and control of the mayor and council of the borough.
a.
The local enforcing agency shall be under the supervision of a fire
official who shall be appointed by the mayor subject to confirmation
by the borough council. In making this appointment the appointing
authority shall make the appointment from among a list of three recommendations
provided by the Ex. Chiefs Association of the Little Silver Volunteer
Fire Company No. 1.
b.
The fire official shall serve for a term of one year. Any vacancy
shall be filled for the unexpired term.
c.
Such inspectors and other employees as may be necessary in the local
enforcing agency shall be appointed by the mayor and council of the
borough upon the recommendation of the fire official.
d.
Inspectors and other employees of the enforcing agency shall be subject
to removal by the mayor and council of the borough for inefficiency
or misconduct. Each inspector or employee to be so removed shall be
afforded an opportunity to be heard by the appointing authority or
a designated hearing officer.
Pursuant to Section 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any order of the local enforcement agency
(or agencies) shall have the right to appeal to the construction board
of appeals of Monmouth County.
In addition to the inspections and fees required pursuant to
the Act and the regulations of the department of community affairs
the following additional inspections and fees shall be required:
a.
Mercantile business shall be inspected yearly with a fee schedule
of:
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$35.00 for the first 1,000 square feet.
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$5.00 for each additional 1,000 square feet.
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b.
Factories shall be inspected yearly with a fee schedule of:
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$40.00 for the first 1,000 square feet.
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$50.00 for 1,001 to 3,500 square feet.
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$60.00 for 3,501 to 6,000 square feet.
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$70.00 for 6,001 to 10,000 square feet.
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$80.00 in excess of 10,000 square feet.
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c.
Warehouses shall be inspected yearly with a fee schedule of:
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$40.00 for the first 2,000 square feet.
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$50.00 for 2,001 to 5,000 square feet.
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$60.00 in excess of 5,000 square feet.
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d.
Repair shops and service businesses shall be inspected yearly with
the same fee schedule as that pertaining to mercantile business.
e.
Business offices (lawyers, doctors and other professional offices,
barber shops and insurance offices) shall be inspected yearly with
a fee schedule of:
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$20.00 for one professional.
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$10.00 for each additional professional.
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f.
All other types of structures and facilities not otherwise described
or included in this subsection shall be inspected yearly with the
same fee schedule as that pertaining to mercantile businesses.
The permit fees established by the Uniform Fire Code as follows
are adopted:
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Type 1
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$42.00
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Type 2
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$166.00
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Type 3
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$331.00
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Type 4
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$497.00
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This section shall take effect upon final passage and publication
according to law.
Shall comply with N.J.A.C. 5:70-2.3 Certificate of Smoke Detector
and Carbon Monoxide Alarm Compliance.
Where a change of occupancy of any building subject to the requirements of subsection 13-5.1 is subject to the issuance of a certificate of occupancy, no such certificate shall be issued until the agency responsible for its issuance has determined that the building is equipped with an alarm, device or devices as required by subsection 13-5.1.
In case of change of occupancy of any building subject to the requirements of subsection 13-5.1 to which the provisions of subsection 13-5.2 of this section do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the relevant enforcement agency under the "Uniform Fire Safety Act," P.L. 1983, c. 383 a certificate evidencing compliance with the requirements of this section.
The application fee for a certificate of smoke detector and
carbon monoxide alarm compliance (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:
a.
Requests for CSDCMAC received more than ten business days prior to
the change of occupant: $35.00
b.
Requests for CSDCMAC received four to ten business days prior to
the change of occupant: $70.00
c.
Requests for CSDCMAC received fewer than four business days prior
to the change of occupant: $125.00
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, shall be subject to the provisions of section 5-13 of the Revised General Ordinances of the Borough of Little Silver.
