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.
a.
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.
b.
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.
c.
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:
b.
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.
c.
All retail, mercantile, storage operations, 0 - 4,999 square feet:
one hundred ($100.00) dollars.
d.
All retail, mercantile, storage operations, 5,000 square feet - 11,999
square feet: two hundred ($200.00) dollars.
e.
All retail, mercantile, storage operations, 12,000 square feet or
more, not listed as a life hazard use: two hundred fifty ($250.00)
dollars.
f.
Year Round Rental Unit. Forty-five ($45.00) dollars per unit as per
Uniform Fire Code N.J.A.C. 5:70-2.3.
g.
In the discretion of the fire official, vacant buildings will be
charged and inspected according to the previous use of the building.
h.
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.
i.
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.
j.
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.
a.
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:
1.
Twenty-five ($25.00) dollars: Local application fee.
b.
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.
1.
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).
2.
All CSDCMAC requests involving a change in ownership shall be inspected
by personnel from the division of fire prevention.
3.
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).
4.
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.
5.
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.
c.
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.
d.
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.
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.
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.
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.
Shall mean all dwelling units as defined by Chapter 14 of the Revised General Ordinances of the City of Wildwood.
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.
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.
a.
The following structures shall be required to be equipped with a
key box:
1.
All structures that are required by law to be equipped with, or contain
an automatic fire alarm or suppression system.
2.
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.
(a)
Use Group "A"
(b)
Use Group "E"
(c)
Use Group "F"
(d)
Use Group "H"
(e)
Use Group "I-1"
(f)
Use Group "R-1"
(g)
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.
3.
All governmental facilities.
b.
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.
c.
Contents. As to each structure that is required to have a key box,
the key box shall contain keys to the following:
1.
All points of egress capable of being locked, whether on the interior
or exterior of the structure;
2.
Mechanical equipment rooms;
3.
Electrical rooms;
4.
Elevator controls;
5.
Fenced or secured area;
6.
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.[1] All other Use Group structures shall comply within nine
months of the effective date of this section.[2] 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.
a.
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.
b.
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.
