Borough of Avon-by-the-Sea, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 8-26-85 by Ord. No. 14-1985. 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 shall be locally enforced in the Borough of Avon-by-the-Sea.
[Amended 10-7-85 by Ord. No. 16-1985]
The local enforcing agency shall be the Bureau of Fire Prevention of the Avon Fire Department.
The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes, regulations and ordinances adopted under it in all buildings, structures and premises within the established boundaries of the Borough 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 Section 100-2 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 10-7-85 by Ord. No. 16-1985]
The local enforcing agency established by Section 100-2 shall be a part of the Avon Fire Department and shall be under the direct supervision and control of the Fire Official and shall be within the Department of Public Safety.
[Amended 10-7-85 by Ord. No. 16-1985]
A. 
The local enforcing agency shall be under the supervision of a Fire Official who shall be appointed by the Board of Commissioners of the Borough of Avon-by-the-Sea. The Board of Commissioners and the Board of Fire Officers of the Avon Fire Department shall agree upon a mutually acceptable qualified appointee. The Board of Fire Officers of the Avon Fire Department shall, so far as practicable, provide to the Board of Commissioners a list of not less than three (3) persons so qualified and deemed acceptable to the said Board of Fire Officers.
B. 
The Fire Official shall serve for a term of three (3) years. Any vacancy shall be filled for the unexpired term.
C. 
Such inspectors and other employees as may be necessary in the local enforcing agency may be appointed by the Board of Commissioners of the Borough of Avon-by-the-Sea upon the recommendations of the Fire Official.
D. 
The Fire Official, inspectors and other employees of the enforcing agency shall be subject to removal by the Board of Commissioners of the Borough of Avon-by-the-Sea for inefficiency, misconduct or other good cause. Each employee to be so removed shall be afforded an opportunity to be heard by the Board of Commissioners or a designated hearing officer.
E. 
All appointments and terms of office provided hereunder shall be subject to the requirement and/or determination of the Board of Commissioners of the Borough of Avon-by-the-Sea that local enforcement of the Uniform Fire Code shall be in the best interest of the Borough. In the event that local enforcement of the Uniform Fire Code ceases or is significantly diminished or replaced, nothing herein shall preclude elimination and/or reduction of staff.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Monmouth.
[Amended 7-14-86 by Ord. No. 18-1986; 2-12-90 by Ord. No. 4-1990]
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. 
All businesses operating within the Borough must obtain, complete and return on an annual basis, an Emergency Notification Form; and all businesses shall be inspected on an annual basis. Fee: fifteen dollars ($15).
The submission of the form shall be by a deadline set by the Fire Official and the inspection shall be conducted at a time and in a manner within the discretion of the Fire Official.
[Amended 3-25-96 by Ord. No. 7-1996]
B. 
Annual inspections of all multiple family dwelling units, including common and public areas. Fee: thirty-five dollars ($35).
[Amended 3-25-96 by Ord. No. 7-1996]
C. 
Inspections of smoke detectors and carbon monoxide alarms in all R-3 dwellings as per the Uniform Fire Code as follows:
[Added 3-27-95 by Ord. No. 4-1995; amended 3-8-04 by Ord. No. 3-2004]
(1) 
Applications received more than ten (10) business days prior to change of occupant: thirty-five dollars ($35).
(2) 
Applications received four (4) to ten (10) business days prior to the change of occupant: seventy dollars ($70).
(3) 
Applications received fewer than four (4) business days prior to the change of occupant: one hundred twenty-five dollars ($125).
[Amended 7-14-86 by Ord. No. 18-1986; 3-27-95 by Ord. No. 4-1995; 3-8-04 by Ord. No. 3-2004]
The application and permit fees established by the Uniform Fire Code shall be as follows:
A. 
Type 1 Permit
$42.00
Type 2 Permit
$166.00
Type 3 Permit
$331.00
Type 4 Permit
$497.00
B. 
Smoke Detector Application and Certificate. Thirty-five dollars ($35).
C. 
Fire Code status application and certificate. Twenty-five dollars ($25).
The Fire Official may waive permit fees for governmental and bona fide nonprofit activities and uses.
(RESERVED)
All ordinances or parts of ordinances inconsistent or in conflict with this chapter are deemed repealed and superseded by the provisions of this chapter except where such other provisions are more specific and/or more stringent than the provisions of this chapter and/or the Uniform Fire Code.
This chapter shall take effect immediately upon final passage and publication according to law.