Pursuant to Section 11 of the Uniform Safety Act, P.L. 1983,
c. 383 of the Laws of the State of New Jersey, the New Jersey Uniform
Fire Code shall be enforced locally in the Borough of Somerville,
pursuant to N.J.S.A. 52:27D-192 et seq. and N.J.A.C. 5:70-1 et seq.
The local enforcing agency shall be the Bureau of Fire Prevention
in the Somerville Fire Department and shall be comprised of the Fire
Marshal, Fire Inspectors and such clerical staff as needed to carry
out the responsibilities of the agency.
The Bureau shall enforce the Uniform Fire Safety Act, Codes
and regulations adopted for all buildings, structures and premises
within the established boundaries of the Borough of Somerville and
shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
The Bureau shall carry out the periodic inspections of life-hazard
uses required by the Uniform Fire Code on behalf of the New Jersey
Commissioner of the Department of Community Affairs.
The Bureau shall be under the direct supervision and control
of the Fire Marshal of the Borough of Somerville. Fire Inspectors
shall report to the Fire Marshal. The Fire Marshal shall report to
the Borough Administrator.
In addition to the duties set forth in Uniform Fire Safety Act,
P.L. 1983, c. 383 of the Laws of the State of New Jersey and Uniform
Fire Code, the Fire Marshal shall:
A. Recommend to the Borough Administrator and Board of Engineers such
amendments to the Code as deemed necessary to provide fire safety.
In addition to the inspections or fees required pursuant to
the Uniform Fire Safety Act and the regulations of the New Jersey
Department of Community Affairs, the following additional inspections
and fees shall be required.
A. Inspections. Except for one- and two-family owner-occupied dwellings
used exclusively for dwelling purposes, the Bureau shall inspect annually
all buildings, businesses, structures or premises to ascertain and
cause to be corrected any conditions liable to cause fire, contribute
to the spread of fire, interfere with firefighter operations, endanger
life or any conditions constituting violations of the provisions of
intent of this chapter or other fire or life safety requirements.
Upon completion of such inspection, and the abatement of violations,
the Bureau shall issue to the owner or occupant of the building, structure
or premises, a fire safety certificate of compliance.
[Amended 3-5-2018 by Ord.
No. 2543]
B. Registration and fees. The owner(s) of all buildings, businesses, structures or premises required to be inspected under Subsection
A shall register with the Bureau of Fire Prevention annually. Such registration shall be made on forms provided by the Bureau. It shall be a violation of this code for an owner of said building, business, structure or premises to fail to return such forms within 30 days of issuance. Every property owner that is required to file a registration statement shall file an amended registration within seven days after the occurrence of any change which would render any information contained in a registration statement inaccurate. With the exception of life hazard uses registered pursuant to N.J.A.C. 5:70, registrations shall be accompanied by fees in accordance with the following:
[Amended 3-5-2018 by Ord.
No. 2543]
(1) Class I. Non-life hazard registration for businesses, buildings,
structures or premises 200 square feet or less shall be $25.
(2) Class II. Non-life hazard registration for businesses, buildings,
structures or premises greater than 200 square feet but equal to or
less than 400 square feet shall be $50.
(3) Class III. Non-life hazard registration for businesses, buildings,
structures or premises greater than 400 square feet but equal to or
less than 1,000 square feet shall be $75.
(4) Class IV. Non-life hazard registration for businesses, buildings,
structures or premises greater than 1,000 square feet but equal to
or less than 2,500 square feet shall be $100.
(5) Class V. Non-life hazard registration for businesses, buildings,
structures or premises greater than 2,500 square feet but equal to
or less than 5,000 square feet shall be $150.
(6) Class VI. Non-life hazard registration for businesses, buildings,
structures or premises greater than 5,000 square feet but equal to
or less than 12,000 square feet shall be $200.
(7) Class VII. Non-life hazard registration for businesses, buildings,
structures or premises greater than 12,000 square feet shall be $275.
(8) Class VIII. Eating and drinking establishments with less than 50
occupants in which no alcoholic beverages are consumed shall be $100.
(9) Class IX. Multiple dwellings and commercial and industrial buildings,
businesses, structures or premises with common areas accessible to
the tenants or the public shall be:
[Amended 3-7-2022 by Ord. No. 2662]
(a)
Apartment buildings with 100 or less dwelling units:
[3]
$100 per parking deck level.
(b)
Apartment buildings with more than 100 dwelling units:
[3]
$100 per parking deck level.
C. Waivers. The following users shall be exempt from the local permit
and registration fees:
[Amended 11-7-2022 by Ord. No. 2690]
(1) The Somerville Fire Department.
(2) The Somerville Rescue Squad.
(3) Places of worship. This shall apply to uses where the actual religious
service takes place, uses for religious education purposes or uses
of an occasional nature.
(4) Contractors and construction firms, when the activity is part of
work performed under a valid permit issued by the Building Department.
(6) Somerville Board of Education.
(8) Downtown Somerville Alliance (Organizer).
D. Special events. When determined by the Fire Marshal to be necessary
for the purpose of public safety to have a Fire Inspector present
during special events, the owner, operator, organizer, sponsor, person,
or organization responsible, for said event shall pay the cost of
said inspector at the rate of $100 per hour for the duration of the
event.
E. Fire watch. If the Fire Marshal, Fire Inspector, paid personnel or
member of a volunteer fire company is required to inspect, monitor,
or patrol a building to detect circumstances that might immediately
result in a fire while a building's fire protection system is inoperative,
the owner of said building shall reimburse the Borough for said fire
watch services at the rate of $100 per hour and reimburse the Borough
for said fire watch services at the rate designated in the salary
ordinance per hour. There shall be a minimum fee of $100, provided
that no fee shall be assessed if within 30 minutes of being notified
of the commencement of the fire watch services, the building owner
or his or her representative arrives at the building and assumes control
of the fire watch from the Fire Marshal, Fire Inspector, paid personnel
or member of the volunteer fire company. The cost of providing fire
watch services shall be certified by the Fire Marshal to the building
owner within 30 days of their completion. The building owner shall
reimburse the Borough within 30 days thereof.
[Amended 3-5-2018 by Ord.
No. 2543]
(1) Schedule
of Equipment Rates for Fire Watch payable to the Borough of Somerville
collected by the Fire Marshal. The rates on this schedule of equipment
rates are for equipment that is owned or leased or rented by the Borough
of Somerville. This schedule of equipment rates shall be the most
recent rates published by the FEMA. The most recent rates shall be
found on FEMA.gov. In absence of such rates the rates shall follow
the 2019 schedule of equipment rates as listed below:
[Added 2-22-2022 by Ord. No. 2658]
(a) Ladder
Truck (aerial): $178.
(b) Engine
1500 GPM/1,000 gallons: $81.19
(c) Engine/Pump/Tank
1500 GPM/500 gallons: $126.50
[Amended 3-5-2018 by Ord.
No. 2543]
A. Trade shows, craft shows, exhibits, expositions, auctions, art sales,
concerts, wrestling matches, festivals, dinners, dances, balls and
similar events including non-school-type uses in school buildings,
cultural centers and convention centers and any other uses requiring
inspection by the Fire Marshal or Fire Inspector shall be $150 per
event.
B. Asphalt (tar) kettles per job site shall be $60.
C. Permit application fees established by the Uniform Fire Code N.J.A.C.
5-70-2.9 are as follows:
Pursuant to Sections 15 and 17 of the Uniform Safety Act, P.L.
1983, c. 383 of the Laws of the State of New Jersey, any person aggrieved
by any order of the bureau shall have the right to appeal to the Construction
Board of Appeals of the County of Somerset.
[Amended 3-5-2018 by Ord.
No. 2543]
A. All buildings or structures protected by fire alarms shall be provided
with a key box approved by the Fire Marshal. The key box shall contain
keys to provide access to all areas of the building or structure and
shall be installed in a location approved by the Fire Marshal; such
key box shall only be utilized in response to a report of a fire or
fire protection system activation or other emergency call.
(1) The key box shall be located in a lighted location not higher than
5 1/2 feet above grade.
(2) Key boxes shall be installed within 90 days of receiving a notice
from the Fire Marshal.
(3) Key box keys shall be issued to the Fire Marshal. Each individual
receiving keys shall be responsible for the security of same at all
times.
B. All buildings or structures that have an elevator equipped with an
elevator recall shall provide the elevator recall key in a key box
installed in a location readily accessible to the Fire Department.
[Amended 3-5-2018 by Ord.
No. 2543]
A. Any person or persons who violate any provision of this chapter is
subject to a penalty of not less than $200 nor more than $1,000.
B. Failure to file a registration application pursuant to §
80-8B shall subject the person(s) responsible for said payment to a penalty in the amount equal to double the registration fee, but not less than $200 or more than $1,000.
C. Failure to pay the required registration fees pursuant to §
80-8B shall subject the person(s) responsible for said payment to a penalty in the amount equal to the unpaid fee, but not less than $200. Payment of the fee after imposition of the penalty shall not absolve the owner from responsibility for the penalty nor shall payment of the penalty be deemed to absolve the owner from the obligation to pay the fee.