[Ord. No. 788 preamble]
The Uniform Fire Safety Act (P.L. 1983, c. 383) was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey.
The Uniform Fire Safety Act authorizes municipalities to provide local enforcement and to establish Local Enforcement Agencies for that purpose.
It is in the best interest of the City to have the Uniform Fire Safety Act enforced locally.
All Fire Departments, Fire Companies and Fire Districts have agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Safety Code.
[Ord. No. 788 § 1]
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 City of Sea Isle City.
[Ord. No. 788 § 2; Ord. No. 1310 § I]
The Local Enforcing Agency (LEA) shall be the Bureau of Fire Prevention in the Department of Revenue and Finance hereby established. The Bureau of Fire Prevention hereby established shall have a budget. The City Attorney shall be the legal representative.
[Ord. No. 788 § 3; Ord. No. 1482 (2010) § I]
The Local Enforcing 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, 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. To inspect for compliance with venting requirements of Chapter 14, Flood Damage Prevention Ordinance, subsection 14-5.6.
[Ord. No. 788 § 4; Ord. No. 1431 § LXV]
The Local Enforcing Agency established by subsection 13-1.3 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 of the State of New Jersey.
[Ord. No. 788 § 5; Ord. No. 1310 § II]
The Local Enforcing Agency established by subsection 13-1.3 shall be part of the Department of Revenue and Finance. The Fire Official shall report directly to the Mayor.
[Ord. No. 788 § 6; Ord. No. 1310 § III; Ord. No. 1431 § LXVI]
Appointment of Fire Official. The Fire Official shall be appointed by the Mayor.
Terms of Office. The Fire Official shall serve for a term of one year, and is to be reappointed annually by the Mayor. Any vacancy shall be filled for the unexpired term. He/she shall recommend appointments of Inspectors to the Mayor as may be necessary. Such Inspectors shall be under the supervision and control of the Fire Official.
Removal from Office. The Fire Official, Inspectors, and other employees of the enforcing agency shall be subject to removal by the Director of the Department of Community Development for inefficiency or misconduct. Each Inspector to be so removed shall be afforded an opportunity to be heard by the Mayor or a designated hearing officer.
[Ord. No. 788 § 7]
Pursuant to Section 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an order of the Local Enforcement Agency shall have the right to appeal to the Construction Board of Appeals of Cape May County.
[Ord. No. 1310 § IV]
Inspection fees for life hazard uses shall be the same as set forth in the Uniform Fire Code N.J.A.C. 5:70-2.9.
Inspection fees for non-life hazard uses shall be: $40 for each business.
Inspection fees for non-life hazard uses of multiple dwellings, motels, and hotels shall be: $75 for three units in one structure and $100 for more than three units in one structure.
Editor's Note: Former Section 13-2, Handling and Use of Hazardous Materials, previously codified herein and containing portions of Ordinance No. 1004 was repealed in its entirety by Ordinance No. 1310.
[Ord. No. 1054 preamble; Ord. No. 1310 § VI]
The Legislature has enacted regulations concerning the installation of smoke sensitive alarm devices in one and two family dwellings in the event of a change of tenancy or ownership.
The smoke sensitive devices are to be located in accord with the standards of the National Fire Protection Association, in accordance with NFPA No. 74-84, and must be tested and listed by product certification and listed by a product certification agency approved by the Bureau of Fire Safety and the Department of Community Affairs.
N.J.A.C. 5:18-2.8(d) establishes that a fee is to be adopted by ordinance by the Local Enforcement Agency based on actual enforcement costs.
[Amended 8-27-2019 by Ord. No. 1637]
Regulations of the Department of Community Affairs require that, before any Use Group R-2, R-3, 3, and R-5 structure is sold, leased, or otherwise subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector compliance in accord with the standards as set forth in N.J.A.C. 5:18-2.20 et seq.
[Ord. No. 1482 (2010) § II; Ord. No. 1615 (2017) § 17]
The fee to be charged by the City Fire Official per inspection shall be $45, which fee shall cover the smoke detector inspection and vent compliance inspection pursuant to subsection 13-1.4.
[Ord. No. 1054 § 3]
No residential unit shall be sold, rented or occupied, unless and until the residential unit has been brought into compliance with this section.
[Ord. No. 1054 § 4]
The Tax Collector of the City shall provide to each person requesting a tax search from his or her office, a statement calling attention to the provisions of the Fire Prevention Code with respect to smoke detectors. He/she shall further inform the recipient of each and every tax search that the seller of real estate located in a residential zone is required by the Fire Prevention Code to provide a certification to the City certifying his or her compliance with this section.
[Ord. No. 1054 § 5]
The making and submission of a willfully false certification, pursuant to this section, shall be liable, upon conviction, for the penalty not exceeding $500 established in Chapter 1, Section 1-5, and enforceable within the Municipal Court by the Fire Official.
[Ord. No. 1153 § I]
- Shall mean any patio, porch or balcony.
- Shall mean all types of outdoor grills or cooking equipment including, but not limited to, barbecue, charcoal, propane and gas.
- MULTI-FAMILY DWELLING UNIT
- Shall mean any dwelling with three or more units. This shall exclude owner-occupied one and two family dwellings, condominiums and townhouses.
[Ord. No. 1153 § D]
N.J.A.C. 5:18-3.3(h)(3) provides that cooking equipment such as barbecue grills shall not be stored or used on any porch, balcony or any other portion of a multi-family unit, within any room or space of the unit, within five feet of any combustible exterior wall, or within five feet vertically or horizontally of an opening of any wall.
[Ord. No. 1153 § I]
No owner, tenant, or other occupant of a multi-family dwelling shall use, store, or permit to be used or stored a grill or grills on any deck or portion of a building within five feet of any combustible exterior wall, within five feet vertically or horizontally of any opening of any wall, or inside any building.
[Ord. No. 1153 § I]
Notification. If the Fire Official, any Code Enforcement Official or police officer, while on duty or otherwise conducting routine inspections, observes a grill in violation of State statute or administrative regulation, or municipal ordinance or administrative regulation, the observer shall serve the party responsible for the building, whether owner, tenant or other occupant, with notice of these regulations and shall order that the grill be removed or otherwise remedied in accordance with the provisions of this section.
Citation. If, upon reinspection or complaint, the grill (or grills) is still present and in violation of regulations, the owner, tenant or other occupant shall be cited directly under either N.J.A.C. 5:18-3.3(h)(3) or the applicable provisions of this section.
Violations. It shall be a violation of this section for any person to:
Obstruct, hinder, delay or interfere by force or otherwise with any local enforcement agency in the exercise of any power or the discharge of any function or duly under the provisions of this section;
Refuse or fail to comply with a lawful action, order or notice issued by any local enforcement agency; or
Violate, or cause to be violated, any of the provisions of this section.
Penalties. Any person who commits any offense defined in this section shall be liable, upon conviction in a Court of competent jurisdictions, to a fine of not more than $5,000 for each violation. Each day any such violation continues shall be construed as a separate offense. Any person who is convicted of violating this section within one year of the date of a previous violation of this section, shall be sentenced by a court to an additional fine as a repeat offender, in accordance with Revised General Ordinances subsection 1-5.3.