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. 5:70-1.1 et seq.) shall be locally enforced in the City of Wildwood.
The local enforcing agency shall be the division of fire prevention which is hereby created in the fire department.
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 established boundaries of the City of Wildwood, 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 13A-1.2 of this chapter shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the commissioners of community affairs.
The local enforcing agency established by subsection 13A-1.2 of this chapter shall be a division of the department of fire and shall be under the direct supervision and control of the director of the department of fire.
Appointment of Fire Official. The local enforcing agency shall be under the supervision of the fire official who shall be appointed by the director of the department of fire pursuant to Title II, Civil Service, of the revised statutes.
Inspectors and Employees. Such inspectors and other employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the director of the department of fire pursuant to Title II, Civil Service, of the revised statutes.
Removal from Office. Inspectors and other employees of the enforcing agency shall be subject to removal by the director of the department of fire for inefficiency or misconduct subject to appeal to the mayor. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an order of the local enforcement agency (or agencies) shall have the right to appeal to the Construction Board of Appeals of Cape May County.
In addition to the inspection 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 as such structures are not classified as life hazard uses by the State of New Jersey:
All retail stores, restaurants under 50 occupants, games of chance, or any other use not listed as a life hazard use; one hundred twenty-five ($125.00) dollars. All kiosks or similar uses as determined by the fire official located within an inspected use in the Boardwalk Zone: seventy-five ($75.00) dollars.
All retail, mercantile, storage operations, 0 - 4,999 square feet: one hundred ($100.00) dollars.
All retail, mercantile, storage operations, 5,000 square feet - 11,999 square feet: two hundred ($200.00) dollars.
All retail, mercantile, storage operations, 12,000 square feet or more, not listed as a life hazard use: two hundred fifty ($250.00) dollars.
Year Round Rental Unit. Forty-five ($45.00) dollars per unit as per Uniform Fire Code N.J.A.C. 5:70-2.3.
In the discretion of the fire official, vacant buildings will be charged and inspected according to the previous use of the building.
Whenever it becomes necessary to perform a reinspection of a non-life hazard use for the same violation or violations two or more times within the same calendar year as the inspection fee was assessed, there shall be a reinspection fee of twenty-five ($25.00) dollars commencing with the third reinspection and each subsequent inspection.
Any condominium (as "condominium" is defined in the New Jersey Condominium Act, N.J.S.A. 46:8B-1 et seq., as amended from time to time) whether or not it is located within a life-hazard use shall register the condominium with the bureau of fire prevention. Such condominium shall be inspected on a cyclical basis as determined by the fire official, but not less than once per year without regard to whether the owners thereof use the condominium for residential purposes, commercial purposes or otherwise at a fee of thirty-five ($35.00) dollars annually in addition to any other fees charged for inspections of common elements or by other sections of this code or other law. The date of the inspection shall coincide with the date on which the life hazard or non-life hazard common area use within which the condominiums are located is to be inspected. Written notice of the date of scheduled inspection shall be provided to the owners or their agents, as they appear on the property tax records of the City of Wildwood, of the condominiums subject to inspection. However, rather than providing notice to individual condominium owners, such notice may be issued and shall have the same effect as if issued to individual owners of record, when issued to the designated condominium contact person, as per ordinance codified at subsection 22-4.2b. Such notice shall be mailed by regular, first class mail. Entry into condominiums for the purposes of conducting inspections pursuant to this paragraph shall be subject to the provisions of N.J.A.C. 5:70-2.1, as amended from time to time.
The governing body may hereafter change fees imposed by this section by resolution, when authorized.
There shall be a twenty-five ($25.00) dollar local application fee for the issuance of any permit for business activities involving special uses as more particularly set forth in N.J.A.C. 5:70-2.7. This application fee as determined by the fire official will be charged in addition to the fee required by N.J.A.C. 5:70-2.9, based on the anticipated or incurred cost for the enforcement of the Uniform Fire Code.
The fee to be charged for a Certificate of Fire Code Status pursuant to the provisions of N.J.A.C. 5:70-2.2 shall be twenty-five ($25.00) dollars.
Fire Permit Application Fees for Special Use, Business Activities. In addition to the Uniform Fire Code Permit Fees as cited in N.J.A.C. 5:70-2.9:
Twenty-five ($25.00) dollars: Local application fee.
Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance - Before any Use Group R-3 or R-4 structure is sold, leased or otherwise made subject to change in occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), evidencing compliance with N.J.A.C. 5:70-4.19, from division of fire prevention of the City of Wildwood.
The owner, or authorized agent of the owner, shall apply for a CSDCMAC on a form provided by the division of fire prevention. The application shall be accompanied by the appropriate fee, as set forth in N.J.A.C. 5:70-2.9(d).
All CSDCMAC requests involving a change in ownership shall be inspected by personnel from the division of fire prevention.
The division of fire prevention may accept, in lieu of inspection, a certification upon forms provided by the division of fire prevention, evidencing compliance with N.J.A.C. 5:70-4.19. This certification in lieu of inspection shall only be permitted in changes of occupancy of a unit or units. Such certification shall be accompanied by the appropriate fee, as set forth in N.J.A.C. 5:70-2.9(d).
The CSDCMAC shall be valid for a period of six months, regardless of the number or frequency of changes in tenancy. Any tenancy changes after the CSDCMAC expires will require a new CSDCMAC prior to the change.
All other Use Group R properties, as determined by the fire official, may be subject to the requirement for a CSDCMAC upon change of ownership only.
Certificate of Fire Code Status. The fee to be charged for a Certificate of Fire Code Status pursuant to the provisions of N.J.A.C. 5:70-2.2 shall be twenty-five ($25.00) dollars.
Plan Review Fee. Plan reviews conducted in conjunction with the site plan applications, zoning applications or for similar purposes shall bear a fee of twenty-five ($25.00) dollars per review.
- AUTOMATIC FIRE ALARM OR SUPPRESSION SYSTEMS
- Shall mean fire alarm systems within a structure that electronically send a signal to a fire department, police department or central dispatch center requesting the response of the fire department and/or police department and/or emergency medical technicians. This definition shall also include for the purposes of this section all structures that contain alarm systems with outside audible warning devices, and those structures that have an automatic fire suppression system as defined by New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.).
- Shall mean "condominium" as defined by the Condominium Act, N.J.S.A. 46:8B-1 et seq., and specifically as defined in N.J.S.A. 46:8B-3.
- CONDOMINIUM ASSOCIATION
- Shall mean "association" as defined by the Condominium Act, N.J.S.A. 46:8B-1 et seq., and specifically as defined in N.J.S.A. 46:8B-3.
- CONDOMINIUM UNIT OWNER
- Shall mean "unit owner" as defined by the Condominium Act, N.J.S.A. 46:8B-1 et seq., and specifically as defined in N.J.S.A. 46:8B-3.
- DWELLING UNIT
- Shall mean all dwelling units as defined by Chapter 14 of the Revised General Ordinances of the City of Wildwood.
- KEY BOX
- Shall mean a box for the storing of keys to or for rooms or areas, access to which is capable of being locked with a key operated lock. Such rooms or areas include, but are not necessarily limited to, common areas, lobbies, mechanical equipment rooms, electrical rooms, elevator controls and other secured or fenced areas. Key boxes shall be approved for such use by the Underwriters Laboratory (UL) and by both the City of Wildwood Fire Chief and the Chief of Wildwood Fire Official.
- Shall mean all structures within the City of Wildwood except that for the purposes of this section, structures shall not be deemed to include Use Group R-3 and Use Group R-4 as defined by the New Jersey Uniform Fire Code N.J.A.C. 5:70-1.1 et seq.), as amended from time to time, as referenced by Chapter 13A of the Revised General Ordinances of the City of Wildwood, nor to municipally owned structures.
- STRUCTURE OWNER
- Shall mean the individual, firm, corporation, partnership, trust or other legal entity holding title to the subject structure. In the case of a structure housing condominiums, "structure owner" shall mean the condominium association or, in the event there is no condominium association, then "structure owner" shall mean all of the condominium owners collectively.
The following structures shall be required to be equipped with a key box:
All structures that are required by law to be equipped with, or contain an automatic fire alarm or suppression system.
All structures that are classified as falling within any of the following Use Groups, as said use groups as defined by the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.), as amended from time to time.
Use Group "A"
Use Group "E"
Use Group "F"
Use Group "H"
Use Group "I-1"
Use Group "R-1"
Use Groups "R-2," "R-3" and "R-4," so long as the primary access to the individual units within the subject structure is obtained from the common, interior hallway. As to structures falling within Use Groups "R-2," "R-3" and "R-4," where the primary access to the individual units within the subject structure is not obtained from the common, interior hallway, compliance with this section shall be on a voluntary basis.
All governmental facilities.
Location. Key boxes shall be installed in a location that is approved by the City of Wildwood Fire Chief and the City of Wildwood Fire Official.
Contents. As to each structure that is required to have a key box, the key box shall contain keys to the following:
All points of egress capable of being locked, whether on the interior or exterior of the structure;
Mechanical equipment rooms;
Fenced or secured area;
Any other room, enclosure, or area as directed by the City of Wildwood Fire Chief or by the City of Wildwood Fire Official.
All newly constructed buildings, not yet occupied or buildings currently under construction shall comply immediately with this section. All residential use group structures shall comply within six months of the effective date of this section. All other Use Group structures shall comply within nine months of the effective date of this section. Any structure, regardless of Use Group that is subject to the requirement of a certificate of continued occupancy, shall comply prior to the issuance of a CCO. Once a structure has been brought into compliance with this section, said structure shall remain in compliance with this section.
Notice of Violation. No structure owner shall be charged with a violation of this section unless written notice of a violation personally is delivered to the structure owner or is sent by regular first class mail and simultaneously by certified mail, return-receipt requested to the structure owner at the structure owner's address as appears on the tax records of the City of Wildwood and the structure owner then is afforded ten calendar days (weekends and legal holidays included) from the date of the personal delivery of the notice of violation to the structure owner or from the date of the mailing of the notice of violation to the structure owner, as the case may be, to bring the subject structure into compliance.
Penalties. Any structure owner that violates any provision of this section, upon conviction thereof shall be subject to a fine of up to one thousand two hundred fifty ($1,250.00) dollars and/or ninety days in the county jail for each day of offense or violation. Each day that a violation continues after the ten calendar day notification period expires shall constitute a separate offense. Upon conviction, a structure owner shall be ordered to make restitution to the City of Wildwood in an amount equal to the sum of money expended by the City of Wildwood in connection with providing of the written notice to the structure owner.