[1971 Code § 23-2; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
The local enforcing agency of the Uniform Fire Safety Act shall
be the Matawan Borough Fire Department and the Bureau of Fire Prevention
created within that Department.
[1971 Code §§ 23-3, 23-4; Ord. No. 06-11; Ord. No. 08-22; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. The Mayor and Council shall appoint a Matawan Borough Fire Official
pursuant to N.J.A.C. 5:71-3.2 and he shall serve as the chief administrator
of the local enforcing agency. He shall establish the day-to-day operating
routines of the agency and shall coordinate the activities of any
inspectors or other staff. The Matawan Fire Official shall be appointed
by the Mayor and Council of the Borough of Matawan. His appointment
shall continue during good behavior and satisfactory service, and
he shall not be removed from office except for cause after public
hearings.
b. Such other inspectors and employees as shall be necessary in the
local enforcing agency shall also be appointed by the Mayor and Council
upon the recommendation of the Fire Official. Such appointment of
inspectors as necessary shall be accomplished in order to complete
necessary inspections and review of all permit applications and to
act on them in a timely manner as well as to ensure that enforcement
actions are taken in a timely manner when violations are found and
not corrected.
c. Fire Prevention Inspector. There is hereby created a post of Fire
Prevention Inspector where the Fire Prevention Inspector has been
recommended by the Fire Official and shall be appointed by the Mayor
with the Council approval. His appointment shall continue during good
behavior and satisfactory service, and he shall not be removed from
office except for cause after public hearings.
d. The Fire Official shall be under the supervision of the Business
Administrator.
e. A report by the Fire Official shall be made quarterly to the Business
Administrator.
[1971 Code § 23-5; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
The local enforcing agency shall enforce the New Jersey Fire
Code and its subchapters as adopted herein and the regulations adopted
under them in all buildings, structures, and premises within the boundaries
of the Borough of Matawan, other than owner occupied one- and two-
family dwellings and shall faithfully comply with the requirements
of the New Jersey Uniform Fire Code and its subchapters as adopted
herein.
[1971 Code § 23-6; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
The permit fees established by the Uniform Fire Code are hereby
adopted by reference and shall be collectable by the appropriate official.
[1971 Code § 23-8; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
The Mayor and Council shall appoint legal counsel to advise
and assist the local enforcement agency in the enforcements of the
Uniform Fire Code and its subchapters adopted herein. The designated
agency attorney shall advise the agency and undertake such actions
at law as the Bureau of Fire Prevention and/or the Fire Officials
shall deem necessary to gain compliance with the Uniform Fire Code
adopted in this chapter.
[1971 Code § 23-9; Ord. No. 08-22; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
Pursuant to the terms and conditions of the Uniform Fire Code,
any person aggrieved by an order of the local enforcing agency shall
have the right to appeal to the Monmouth County Construction Board
of Appeals.
[Ord. No. 96-11; Ord. No. 96-17; Ord. No.
06-11; Ord. No. 13-05; Ord. No. 2017-02; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. Fees for Resale or Rental Certificates of Continued Occupancy. Any
change in ownership or tenant requires that a new certificate must
be applied for.
1. Residential Resale: all Resale-Certificates of Continued Occupancy:
see fees in schedule in paragraph c4. This fee includes the Resale-Certificate
of Continued Occupancy (Resale-CCO) and Smoke Certificate (CSDCMC).
(a) Residential Rental-Continued Certificate of Occupancy shall be $75
and is required for each dwelling unit before occupancy.
2. Nonresidential Resale - Commercial Property or Mixed Use:
(a) Certificate of Fire Code Status Certificate is required by the Borough
of Matawan Fire Prevention Bureau:
(1)
A certificate of fire code status, per floor, to 2,500 square
feet: $80.
(2)
In excess of 2,500 square feet, per floor, same building, per
1,000 square feet: $30.
3. Returned Check Fee: see Chapter
II, Administrative Fees.
4. All buildings and items (boilers, hot water heaters, etc.) must have
the proper permits in place as per the Construction Department records.
If any building or items do not have construction permits, new permits
must be taken out in that subcode and be inspected before a certificate
of continued occupancy can be issued.
5. Any residential unit that is sold or transferred without a certificate
of continued occupancy is in violation, and the buyer and seller are
subject to fines.
b. Permit Fees. The permit fees charged pursuant to the New Jersey Uniform
Fire Code (N.J.A.C. 5:70-1.1 et seq.) are hereby established and set
by the Borough of Matawan as fees to be chargeable by the Fire Official,
Fire Prevention Inspector and the local enforcing agency.
c. Fire Prevention Annual Registration Fees.
1. In addition to the inspections, fees are required pursuant to the
Act and the regulations of the Department of Community Affairs, the
following additional registration fees for those uses not defined
as life hazard uses shall be required. Where two or more of the same
use or different uses exist at the same building or premises, each
one shall be considered as separate and distinct for the purpose of
this section and shall be registered pursuant thereto.
2. All use groups as defined in the latest edition of the International
Building Code:
(a) Type K uses: All multiple family dwellings of Use Group R-2 and condominiums
listed as R-3.
(b) Type L uses: Business, mercantile or storage buildings, 250 square
feet or less total floor area.
(c) Type M uses: Business, mercantile or storage buildings not classified
as a life hazard use; more than 250 square feet, but less than 500
total floor area.
(d) Type N uses: Business, mercantile or storage buildings not classified
as a life hazard use; more than 500 square feet, but less than 1,000
square feet.
(e) Type O uses:
(1)
Business, mercantile or storage buildings not classified as
a life hazard use; more than 1,000 square feet, but less than 1,500
square feet.
(2)
Eating and drinking establishments with less than 50 occupants
in which no alcoholic beverages are consumed.
(f) Type P uses: Business, mercantile or storage buildings not classified
as a life hazard use; more than 1,500 square feet, but less than 2,000
square feet.
(g) Type Q uses: Business, mercantile or storage buildings not classified
as a life hazard use; more than 2,000 square feet, but less than 5,000
square feet.
(h) Type R uses: Business, mercantile or storage buildings not classified
as a life hazard use; more than 5,000 square feet, but less than 7,500
square feet.
(i) Type S uses:
(1)
Business, mercantile or storage buildings not classified as
a life hazard use; more than 7,500 square feet, but less than 12,000
square feet.
(2)
Building where less than 50 persons assemble for the purpose
of amusement, entertainment, recreation centers and health spas and
are not classified as a life hazard use.
(j) Type T uses: Factories, assembly plants, wood and metal workshops
not classified as a life hazard use.
(k) Type U uses: Factories, assembly plants, wood and metal workshops
not classified as life hazard use; more than 5,000 square feet, but
less than 500 square feet.
3. Annual Registration Fees for Borough of Matawan Fire Prevention Bureau:
Type
|
Fee
|
---|
Type K uses:
|
|
Multiple-family, per building up to 25 units
|
$60
|
Each unit over 25
|
$10
|
Type L uses
|
$25
|
Type M uses
|
$30
|
Type N uses
|
$35
|
Type O uses
|
$40
|
Type P uses
|
$45
|
Type Q uses
|
$60
|
Type R uses
|
$75
|
Type S uses
|
$120
|
Type T uses:
|
|
First 1,000 square feet, or a fraction thereof
|
$60
|
Each additional 1,000 square feet, or a fraction
thereof
|
$25
|
Type U uses
|
Same as Type T uses
|
4. Other Fees.
Type
|
Fee
|
---|
Each single-family Application for a Resale-Certificate of Continued
Occupancy received prior to 10 business days of requested inspection
|
$110
|
Resale-CCO
|
$75
|
Smoke Certificate
|
$35
|
Each single-family Application for a Resale-Certificate of Continued
Occupancy received 4 to 10 business days of Requested Inspection
|
$135
|
Resale-CCO
|
$100
|
Smoke Certificate
|
$35
|
Each single-family Application for a Resale-Certificate of Continued
Occupancy received fewer than 4 business days of Requested Inspection
|
$160
|
Resale-CCO
|
$125
|
Smoke Certificate
|
$35
|
Each duplex or Two Family for a Resale-Certificate of Continued
Occupancy
This fee includes smoke certificate.
|
$185
|
Temporary Resale-Continued Certificate of Occupancy is an additional
|
$250
|
Rental-Continued Certificate of Occupancy (Rental-CCO) Fees
*Same Fees as Above and Inspection Dates Requested
|
*
|
Certificate of fire code status - non-residential/commercial
|
|
Per floor to 2,500 square feet
|
$80
|
In excess of 2,500 square feet, per floor, same
building, per 1,000 square feet
|
$30
|
Copy of fire investigation report - Contact Monmouth County
Fire Marshal
|
|
Return check service charge - see Chapter II, Administrative Fees
|
|
[Ord. No. 13-05; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
All properties residential rental units must be available and
accessible for periodic inspections, which will be made at intervals
at the discretion of the Fire Official or his authorized representatives.
Owners, operators and occupants are required to provide the necessary
arrangements to facilitate these inspections. The Fire Official is
hereby authorized and empowered to apply for, obtain and execute a
search warrant for any building subject to the Uniform Fire Code whenever
necessary to inspect such building or premises.
[Ord. No. 13-05; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
All inspections and re-inspections shall be made during daylight
hours or during hours when the buildings and premises are open to
the public, unless other arrangements are jointly made between the
Fire Official and the owner, operator or occupant of the premises,
or, unless there is reason to believe a violation exists of a character
which is an immediate threat to health and safety requiring inspection
and abatement without delay.
[Ord. No. 13-05; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
All income producing residential properties as covered by the this code except as listed in subsection
15-18.5 shall be inspected either before occupancy by a tenant not previously occupying the premises or between tenancies and that a Certificate of Continued Occupancy be issued to each subject dwelling unit either before occupancy or between occupancies of tenants; if for any reason the Certificate of Occupancy inspection is requested while the dwelling unit is occupied, a letter must accompany the Certificate of Continued Occupancy application requesting a waiver of inspection while the rental unit is occupied outlining the reasons for the waiver request. The granting of this waiver will be at the sole discretion of the Fire Official.
a. The Fire Official may change the day and time of inspection upon
verbal notice to the landlord or individual requesting the inspection.
b. In the event the inspection reveals violations of such a nature so
as to render occupancy unsafe, the owner shall be responsible for
the reasonable moving costs and temporary dwelling costs of the tenant
until the premises are made safe for occupancy.
c. The landlord shall include in its lease, or a notice attached to
the lease, a statement that the State of New Jersey, Department of
Community Affairs, inspects municipal dwellings of three units or
more every five years and that the Borough of Matawan has a Property
Maintenance Code, copies of which are available for review in the
apartment superintendent's office and at the Borough Hall. A
brief one-page summary of the Property Maintenance Code shall be permanently
and (1) conspicuously affixed in every dwelling unit together with
a list of telephone numbers of the appropriate officials and employees.
d. Copies of all notices required under this section shall be supplied
to the owners at the addresses supplied and specified by the owners.
The master copies of the notice shall be supplied to all municipal
dwelling owners by the Property Maintenance Officer.
[Ord. No. 13-05; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
An inspection will be required when petitioned by a tenant or
occupant of a rental dwelling unit provided that the petitioner:
a. Is the tenant or occupant of the premises in the petition; and
b. Files the petition in writing with the Fire Official, Property Maintenance
Officer or the Borough Clerk's Office and with the property owner,
specifying a violation under the Commercial Property Maintenance Code
or Uniform Fire Code; and
c. Agrees to provide access to the premises under his control for the
purposes of inspection and for the abatement of any violation found
to exist; and
d. In the event that a petition for inspection is so made, the property
owner shall have 10 days to correct the violation and to notify the
Fire Official or Property Maintenance Officer of its action. If petitioner
still requests an inspection and if the violation still exists, the
property owner shall pay the fee. If the violation has been corrected,
the fee shall be paid by the petitioner. The inspection will be made
within 10 days.
[Ord. No. 13-05; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. When an inspection certificate has been issued in within the previous 60 days, however, should these premises have been occupied during the sixty-day period and a change in occupant is to be accomplished, then the provisions of subsection
17-3.3 regarding inspections shall still apply.
b. For 12 months after the issuance of a Certificate of Occupancy for
a new rental dwelling unit.
c. When an existing tenant or occupant remains in the same rental dwelling
unit under a new lease or as a holdover.
[Ord. No. 13-05; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
Within two days after the completion of any inspection covered in subsections
17-3.1,
17-3.3 and
17-3.4 the Fire Official shall either:
a. Issue an inspection certificate indicating favorable findings as
to matters which are embraced in the Uniform Fire Code and this section;
or
b. If, in the opinion of the Fire Official, only minor violations are
found to exist after the inspection, a temporary inspection certificate
can be issued, permitting a new occupant to conditionally occupy the
premises. This shall specify that the owner or operator has agreed
to make all required repairs within 15 days after the receipt of such
a temporary certificate. For the purpose of this paragraph, "minor
violations" shall be construed to mean violations whose correction
would not exceed a total cost of $200 and which do not present an
immediate danger to health, safety or welfare of the occupant; or
c. Issue a written notice of violation to the owner or operator, prohibiting
occupancy until re-inspection shall show the violations to have been
corrected. This notice of violations must enumerate each violation
of the Uniform Fire Code or Borough of Matawan ordinance found during
the original inspection and give the owner or operator dates for the
abatement of these violations.
[Ord. No. 96-13; Ord. No. 13-05; Ord. No.
13-06; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. No building shall be sold or transferred unless the owner shall have
first obtained a Certificate of Occupancy.
1. Meet the requirements of the New Jersey Uniform Fire Code N.J.A.C.
5:70-4.319 and all its updates regarding smoke, carbon monoxide detectors
and fire extinguishers.
2. Smoke alarms are required on all levels, including the attic spaces
and basements. Smoke alarms shall be ten-year sealed battery type
and or hardwired interconnected type (less than 10 years old). Smoke
alarms as well as Carbon Monoxide alarms shall be installed within
10 feet of all sleeping areas. No Nest or Wireless System shall be
permitted as an approved system. All systems shall be as originally
installed.
3. All walls, floors, and ceiling shall be in good condition and free
of damage and holes.
4. All residential properties and dwelling units shall have operable
kitchen and bathrooms: Hot and Cold water in kitchens and bathrooms
shall operate properly and have shut off valves for each. All sinks
shall have approved drain traps. Toilets shall be secured, operate
correctly and have shut off valve on the water feed line. Bathroom
fixtures cannot be used as a source of power.
5. All stoves shall have an anti-tipping device installed. The device
can be wall mounted or floor mounted. All appliances shall be installed
as per manufacturers' instructions. A fire extinguisher shall
be installed/mounted in the kitchen area as per fire code.
6. All electrical outlets, equipment, junction boxes, shall be in good
working order and free of damage and have proper cover plates installed.
All wire connections shall be boxed, wire nutted with proper cover
plate installed. All electrical outlets within six feet of any sink
must be ground fault protected. All exterior outlets must be ground
fault protected. Main electrical service lines (pipes or cable) shall
be properly secured to structure with approved cable straps or pipe
straps. All electrical wires must terminate in approved boxes.
7. Water heaters, boilers, furnaces, and HVAC systems shall be in good
working order. Adequate ventilation is required to assure proper combustion.
Vent and flue pipes are to be properly sealed at chimney connections.
Screws and supports on vent pipes if needed. All devices that have
been replaced shall have a construction permit on file.
8. Fireplaces/wood stoves and their chimneys shall be properly maintained
and in good condition (if applicable). Any visible issues on chimney
seen during inspection will require an inspection report from licensed
chimney company.
9. All doors shall have proper hardware. All exit doors to the exterior
shall be functional and maintained. Double keyed deadbolts are prohibited
on exit doors, and instead shall be a thumb-latch type lock.
10. All windows must be 45% openable and stay open with no support. Every
window (other than a fixed window) shall operate properly and have
all proper hardware installed. All broken windowpanes and window screens
with holes, rips, and tears or are missing shall be repaired.
11. Roof gutters and leaders must be properly installed and in good repair.
Roofs shall be in good repair with no evidence of leaks. Foundation
walls shall be in good repair.
12. The use of extension cords to replace permanent wiring is prohibited
and illegal. Garage door openers, sump pumps and all appliances shall
be plugged directly into a wall outlet without the use of an extension
cord, surge protector strip, or multiplug adaptor. No electrical cords
(wires) installed on or through walls, floors or ceilings or from
room to room are permitted.
13. All open construction permits shall be finalized before a Certificate
of Continued Occupancy and Smoke Certificate is issued.
14. House numbers are required to be installed on the exterior of the
structure with a minimum of three inches in height and must be visible
from the street.
15. Handrails are required on all stairways and steps with three or more
steps/risers. All stairways shall be in good condition. Railings on
decks and porches must be in good condition and secure.
16. Property maintenance: The lawn, shrubs, and trees on the exterior
of the property shall be maintained in a neat and orderly manner.
Grass must be cut and trimmed; weeds must be cut and removed; and
the property shall be free of excessive storage, rodents, insects,
and offensive odors. Any items noted during inspection shall be referred
to property maintenance inspector/code enforcement for inspection.
17. All swimming pools, in ground or above ground, must have proper protection.
All fences must be in good condition, free of damage, holes, or openings.
All gates with access to the pool area must have self-closing and
self-latching hardware and operate smoothly and completely. (Chained
gates shall not be an actable substitute).
ALL INSPECTIONS ARE SUBJECT TO FIRE OFFICIAL'S DISCRETION
AND DECISION.
Realtors and Agents shall give a copy of this checklist to the
homeowner to ensure compliance at time of inspection.
It will be the responsibility of the agent or owner in case
of a central fire alarm system to be able to secure system for test
by the inspector and after test to return system to normal code.
b. Any residential unit that is sold or transferred without a Continued
Certificate of Occupancy is in violation, and the buyer and seller
are subject to fines.
c. All buildings and items (boilers, hot water heaters, pools, decks,
finished basements, etc.) must have the proper permits in place as
per the Construction Department records. If any building or items
do not have construction permits, new permits must be taken out in
that subcode and be inspected before a Continued Certificate of Occupancy
can be issued.
d. The Continued Certificate of Occupancy inspection is to be in no
way interpreted as a structural inspection. For your protection, you
may wish to obtain an engineering or structural analysis.
e. Temporary Continued Certificate of Occupancy (TCCO) may be issued
by the Fire Official at his/her discretion upon written application
for CCO by the owner or proposed occupant of such use. The Fire Official
may issue a TCCO only in those circumstances where the property meets
or exceeds the requirements of N.J.A.C. 5:70-4.19 for CSDCMDC. Any
other deficiency established during an inspection shall be addressed
before occupancy takes place and TCCO will be issued for transfer
purposes only. TCCO's issued pursuant to the terms of this article
shall expire within 90 days of the date of issuance thereof and shall
be transferrable at the discretion of the Fire Official.
[Ord. No. 96-19; 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
Any facility, firm, or corporation that handles, uses, or stores
hazardous material in the (3) or (4) range of the NFPA 704M symbol
and total aggregate is more than 55 gallons, 500 pounds, or 200 cubic
fee, shall have a Knox-Box® document
cabinet for Matawan Fire Department use. A weatherproof cabinet shall
be installed when appropriate. Exception: not required for underground
fuel storage.
a. The cabinet shall contain the following:
1. Binder.
(a) List
of responsibles and phone numbers (i.e., plant manager, owner, all
principal employees, management types, and major chemical manufacturers).
(b) A
scaled complex card of the facility, to Matawan Fire Department and
Fire Prevention Bureau complex card guidelines, to include room numbering,
extinguishing systems (OSY, PI valves, Fire Department connections,
etc.), drains, secondary containment, ventilation systems, and hydrant
locations.
(c) Alphabetical
list of chemicals, room number location, and approximate quantity
and strength (i.e., 50%, 60%, 85%, etc.).
(d) Material
Safety Data Sheet (MSDS) of all chemicals in alphabetical order.
2. Keys.
(a) Keys
to all locked doors with plastic identification tags corresponding
to complex card map.
3. Location.
(a) The
Knox-Box® shall be located on the exterior
of the building near the front entrance as shown by the Fire Department
HazMat specialist or designee.
[Ord. No. 96-29, Preamble;
amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
Fire alarm systems, including protective signaling systems,
serve a useful function; and the State Uniform Construction Code governs
installation and the State Fire Code requires maintenance of such
systems. Maintenance inspections do not reveal all problems with such
systems and no state standard governs the use and control of fire
alarm and protective signaling systems. The incidence of false alarms
attributable to defective equipment or failure to monitor and maintain
such systems results in a response which creates needless risk of
injury to both fire suppression personnel and the public as well as
a cost in time, efficiency, equipment and funds. In order to reduce
risks and costs as well as increase fire suppression efficiency, the
municipality seeks to promulgate operational requirements for the
use and control of fire alarm and protective signaling systems and
establish remedies and penalties for the violation thereof.
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
As used in this section:
FALSE ALARM
Any fire alarm causing direct notification to a Fire Department
through an alarm panel, switchboard or alarm lines in a case where
no fire exists.
FALSE ALARM SYSTEM
A system containing automatic detecting device(s) which actuate
an alarm signal, requiring a response by fire suppression forces.
It includes protective signaling systems or devices designed to transmit
alarms and supervisory and trouble signals necessary for the protection
of life and property.
[Ord. No. 96-29; Ord. No.
08-22; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. Any person or business desiring to install a fire alarm system on
any premises must apply for a fire alarm system permit from the Matawan
Construction Department.
b. Failure to obtain a permit is in violation of this Code and is subject to a penalty as stated in Chapter
1, §
1-5 of this Code.
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
The owner shall supply to the Matawan Fire Prevention Bureau
and install inside the fire alarm panel the reset code to silent the
horn(s)/bell(s) and to reset the system to normal mode.
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
In the case of multiple-family dwellings, no Certificate of
Occupancy for any contiguous unit shall be issued unless the fire
alarm system for the common areas and hallways is in working order
as well as the smoke detectors for all units.
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. The response
of the Matawan Fire Department to an alarm location without a fire
or drill will be considered a violation of this section and will be
subject to a penalty.
b. All penalties
must be paid within 30 calendar days or subject to additional penalties
of the same amount.
c. It will be in violation of this section to operate an alarm system without a permit. The penalty for a violation shall be as stated in Chapter
1, §
1-5 of this Code.
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. In the
case of a false alarm, the local Fire Official shall investigate or
cause to be investigated and keep a record of the alarm on file. If
an investigation discloses that the false alarm was due to misuse,
accident, improper supervision, or equipment malfunction and was not
due to an unpreventable, unavoidable outside cause, the Fire Official
shall provide notice and order corrective action or that the alarm
system be disconnected for a specified period of time.
b. The Fire
Official shall serve on the owner of the building a written order
stating the nature of the violations and the date by which the violations
must be corrected.
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
Any person who, after receiving notice of the malfunction of
the alarm system and an order and an opportunity to correct, refuses
or neglects to comply shall be subject to a penalty as set forth below
in addition to any other penalties issued under state law or regulation
for improper installation or maintenance:
a. For the
first false alarm following notification: a penalty of $50.
b. For the
second false alarm: a penalty of $100.
c. For the
third false alarm: a penalty of $200.
d. For the
fourth and subsequent false alarm: a penalty of $300 and/or imprisonment
not to exceed five days.
[Ord. No. 05-06 § 16-2a;
amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. Upon
a finding that such an action is necessary for the public safety,
the Fire Official may require the owner or owners of any shopping
center, commercial structure, place of public assembly, multiple-dwelling
group, industrial park, office building, hotel, or motel, school or
commuter parking lot to designate fire zones in the driveways of the
premises leading to and from the parking areas, loading areas, public
streets or rights-of-way leading to the above-type buildings or structures.
b. Such
fire zones may also be known as "fire lanes." The Fire Official may
require and designate public or private fire lanes as deemed necessary
for the efficient and effective operation of fire apparatus. Fire
lanes shall have a minimum width of eighteen 18 feet (5486 mm). Fire
lanes shall be striped and lettered in yellow on a paved surface,
such striping and lettering to remain legible at all times. Metal
fire zone signs, the lettering of the same to be legible at all times,
shall be provided, erected and maintained by the owner or owners and
placed at the discretion of the Fire Official. The signs are to be
of a design and quality and lettered in accordance with the applicable
state law and approved by the Fire Official.
[Ord. No. 05-06 § 16-2a,
1; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
Designated fire lanes shall be maintained free of obstructions
and vehicles and shall be identified in an approved manner.
[Ord. No. 05-06 § 16-2a,
2; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
All designated fire lane signs and markings shall be maintained
in a clean and legible condition at all times and replaced when necessary
to ensure adequate visibility.
[Ord. No. 05-06 § 16-2b;
amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
a. Fire zones shall be established in all shopping centers to ensure
fire equipment and other emergency vehicles unobstructed means of
ingress and egress to the properties and buildings located therein
in the event of fire or other emergency.
b. The number, location, dimensions and markings of such areas shall
be determined by the Fire Official based upon the size, type, and
location of the building in such shopping centers or office buildings;
the types of uses combined therein; the number of motor vehicles operated
and parked upon the property; the number of persons using and occupying
the premises; the existing means of ingress and egress; and the total
areas of the property and other relevant factors.
c. The Fire Official is authorized to regulate, restrict, and prohibit
the parking and operation of motor vehicles in and near such fire
zones and to impose other reasonable regulations necessary to ensure
that such areas are free from obstruction.
d. Emergency telephone numbers and information signs shall be installed
in all shopping centers and office buildings. The cost of installation
and maintenance and operation thereof shall be borne by the shopping
center and office building owners.
[Ord. No. 05-06 § 16-2c,
d; amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
As used in this section:
OFFICE BUILDINGS
Include any business complex that has four or more offices
or separate businesses in one building.
SHOPPING CENTER
Includes an integrated commercial building complex made up
of separate commercial retail establishments, and generally serving
the needs of a neighborhood or regional area.
[Ord. No. 05-06 § 16-2e;
amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
The Fire Official, the Fire Inspector, the Parking Authority
Officer and the Police Department shall have concurrent jurisdiction
to enforce the provisions of this section.
[Ord. No. 05-06 § 16-7;
amended 3-2-2021 by Ord. No. 21-02; 6-6-2024 by Ord. No. 2024-12]
Unless another penalty expressly provided by N.J.A.C. 5-70,
any person convicted of a violation of this section or any supplement
thereto shall be liable to a penalty of:
a. For the
first violation following notification: a penalty of $75.
b. For the
second violation: a penalty of $150.
c. For the
third and subsequent violation(s): a penalty of $300 and/or imprisonment
not to exceed 15 days.
[Added 3-5-2024 by Ord.
No. 2024-02]
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in NJSA 52:27 D-437.1 et seq.,
and NJSA 55:13A-1 et seq. A dwelling unit in a single family, two-family
or multiple rental dwelling shall not be subject to inspection and
evaluation for the presence of lead-based paint hazards if the unit:
a. Has been certified to be free of lead-based paint;
b. Was constructed after 1978;
c. Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violation from the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
P.L. 1967, c76 (C55:13A-1 et seq.).
d. Has a valid lead-safe certification.
1. Required Inspections:
(a) General Inspection. The owner, landlord and/or agent of every rental
dwelling unit offered for rental shall be required to have an inspection
of the facility done by the Borough of Matawan Fire Prevention Bureau
prior to the rental thereof. The Borough of Matawan Fire Prevention
Bureau shall inspect every rental dwelling unit prior to any occupancy
or reoccupancy of the dwelling.
(b) Lead-Based Paint Inspection. The owner, landlord and/or agent of
every single-family, two-family and/or multiple dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards every three years, or a tenant turnover,
whichever is earlier.
2. Notice. Whenever any rental dwelling unit is scheduled for a change
in occupancy, the then current owner shall provide written notice
to the Borough of Matawan Fire Prevention Bureau than an inspection
is needed at least 20 days prior to the scheduled change.
3. Time for Inspections. All inspections and reinspections shall take
place within 10 working days of the required inspection. Inspection
fees shall be paid prior to the inspection. No inspections or reinspections
shall take place unless all fees are paid. Scheduled inspections or
reinspections may be canceled by the Borough of Matawan unless the
completed application and required fees have been received by the
Borough at least 24 hours prior to the scheduled inspection or on
the last working day prior to the scheduled inspection. Every inspection
where the landlord, tenant, owner or agent has failed to provide access
for inspection shall be deemed a failed inspection.
4. Fees for Inspection. Lead-Based Paint Inspection: In addition to
the General Inspection fees due pursuant to this section, an additional
fee in the amount of $200 shall be paid for each lead-based paint
inspection. Said fee shall be dedicated to meeting the costs of implementing
and enforcing this section; $20 of said fee shall be sent to the Lead
Hazard Control Assistance Fund and shall not be used for any other
purpose. Alternatively, a dwelling owner or landlord may directly
hire a private lead evaluation contractor who is certified to provide
lead paint inspection services by the Department of Community Affairs
to satisfy the requirements of Sec. 22-346(c)(1)(b), in which case
no additional lead-based paint inspection fee shall be paid. In this
case an administrative fee of $40 shall be collected along with a
fee of $20 to be collected and sent to the Lead Hazard Control Assistance
fund.