[1971 Code § 23-2]
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; New]
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 upon the recommendation of the Fire Liaison Committee. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause after public hearings.
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 and the Fire Liaison Committee and shall serve for a term of one year. 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 insure that enforcement actions are taken in a timely manner when violations are found and not corrected.
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 the Fire Liaison Committee to the Mayor and Council 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.
The Fire Official shall be under the supervision of the Fire Liaison Committee and the Fire Commissioner.
A report by the Fire Official shall be made quarterly to the Fire Liaison Committee and the Fire Commissioner at the Board of Fire Officers.
[1971 Code § 23-5]
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]
The permit fees established by the Uniform Fire Code are hereby adopted by reference and shall be collectable by the appropriate official.
[1971 Code § 23-7]
The local enforcing agency shall be subject to direction from the Mayor and Council and the Mayor and Council hereby designates the Uniform Fire Code Liaison Committee as its subordinate officers to consist of three members of the Matawan Borough Board of Fire Directors. Such members shall serve for a three year term. The Mayor and Council shall appoint such members to this committee as from time the terms expire.
[1971 Code § 23-8]
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; New]
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]
Fees for Certificates of Continued Occupancy. Any change in ownership or tenant requires that a new certificate must be applied for.
Residential Resale: all Certificates of Continued Occupancy: $75.00 per unit. This fee includes the fire certificate of continued occupancy and the certificate of smoke detector compliance and carbon monoxide detector (CSDCMAC).
Residential Rental Continued Certificate of Occupancy shall be $50.00 for each dwelling unit.
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.
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.
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.
Fire Prevention Inspection Fees.
In addition to the inspection and fees required pursuant to the ActEN and the regulations of the Department of Community Affairs, the following additional inspections and 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.
All use groups as defined in the latest edition of the International Building Code:
Type K uses: All multiple family dwellings of Use Group R-2 and condominiums listed as R-3.
Type L uses: Business, mercantile or storage buildings, 250 square feet or less total floor area.
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.
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.
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.
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.
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.
Type S uses:
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.
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.
Type T uses: Factories, assembly plants, wood and metal work shops not classified as a life hazard use.
Type U uses: Factories, assembly plants, wood and metal work shops not classified as life hazard use; more than 5,000 square feet, but less than 500 square feet.
[Ord. No. 13-05]
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]
All inspections and reinspections 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]
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 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 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.
The Fire Official may change the day and time of inspection upon verbal notice to the landlord or individual requesting the inspection.
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.
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.
Copies of all notices required under this Article 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]
An inspection will be required when petitioned by a tenant or occupant of a rental dwelling unit provided that the petitioner:
Is the tenant or occupant of the premises in the petition; and
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
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
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]
When an inspection certificate has been issued in within the previous 60 days, however, should these premises have been occupied during the 60 day period and a change in occupant is to be accomplished, then the provisions of subsection 17-3.3 regarding inspections shall still apply.
For 12 months after the issuance of a Certificate of Occupancy for a new rental dwelling unit.
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]
Within two days after the completion of any inspection covered in subsection 17-3.1, 17-3.3 and 17-3.4 the Fire Official shall either:
Issue an inspection certificate indicating favorable findings as to matters which are embraced in the Uniform Fire Code and this section; or
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
Issue a written notice of violation to the owner or operator, prohibiting occupancy until reinspection 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]
No building shall be sold or transferred unless the owner shall have first obtained a Certificate of Occupancy.
Must meet the requirements of the BOCA National Property Maintenance Code/1993 Edition and all its updates.
Meet the requirements of the New Jersey Uniform Fire Code N.J.A.C. 5:18-2.3 Supp. 3-20-95 and all its updates regarding smoke and carbon monoxide detectors. CCO shall act as CSDCMAC.
All electric outlets within six feet of a sink must be ground fault protected.
Bathroom fixtures cannot be used as a source of power.
All electric wires must terminate in approved boxes.
All openings in electric boxes must be closed off.
Must have street numbers on house, visible from street; minimal size of numbers three inches.
Handrails and guardrails must be in good condition.
Window panes must be in; none missing; no large cracks.
All electric outlets and switches must have approved plates installed.
All windows must be 45% openable, and stay open, no supports.
All electric fuse boxes must have correct size fuses for their intended wire size use.
All electric circuit breakers must be of the correct size for their intended wire size use.
Connection of heating system metal stack where applicable to chimney must be in good condition.
No electric cords (wires) installed on or though walls, floor, ceiling, or from room to room.
Clothes dryer exhaust will be of noncombustible material.
The electric service will be 100 amps minimum.
All installed appliances must be installed as per manufacturer's instructions.
Smoke and CO detectors, one on each level and within 10 feet of sleeping quarters must be in working order.
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.
Please make sure the above items are in good order before calling for an inspection.
Please make out all checks to the Matawan Bureau of Code Enforcement.
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.
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.
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.
We are sorry for any inconvenience, but we cannot specify times when an inspection date is given.
[Ord. No. 96-18 § 1]
A Fire Department emergency key box or Hazardous Materials Information Unit shall be installed on all buildings and properties in which entry or access into an area is unduly difficult, due to secured openings, obstructed entry or where immediate access may be necessary for life saving or hazardous conditions.
The Fire Official shall require emergency key boxes or Hazardous Material Information Units in the following instances:
Buildings regardless of use or occupancy containing six or more occupancies within the same structure which uses a common external exit access.
All occupancies having or required to have a fire alarm or sprinkler alarm system.
Any commercial or assembly structure without window openings and over 40 feet in depth. Openings which are obstructed or covered to the extent that quick access or visibility to the inside is incorporated shall not be considered windows.
Each location required under Federal, State, County or local regulation to report activities shall be surveyed for the installation of on-site Hazardous Material Information Unit.
[Ord. No. 96-18 § 3]
[Ord. No. 96-19]
Any facility, firm, or corporation that handles, uses, or stores hazardous material in the (3) or (4) range of the N.F.P.A. 704M symbol and total aggregate is more than 55 gallons, 500 pounds, or 200 cubic feet, shall have a Knox-Box® HazMat Cabinet, Model #1300, for Matawan Fire Department use. A weatherproof cabinet, Model #1200-WH, shall be installed when appropriate. Exception: not required for underground fuel storage.
The cabinet shall contain the following:
List of responsibles and phone numbers (i.e. plant manager, owner, all principal employees, management types, and major chemical manufacturers).
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), drains, secondary containment, ventilation systems, and hydrant locations.
Alphabetical list of chemicals, room number location, and approximate quantity and strength (i.e. 50%, 60%, 85%, etc.)
Material Safety Data Sheet (MSDS) of all chemicals in alphabetical order.
Keys to all locked doors with plastic identification tags corresponding to complex card map.
[Ord. No. 96-29, Preamble]
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]
As used in this section:
- FALSE ALARM
- Shall mean 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
- Shall mean 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; New]
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.
[Ord. No. 96-29]
Application forms issued by the Construction Department shall include the following information:
The owner shall be responsible for transmitting the following information in writing or on forms provided to the Fire Prevention Bureau to which the alarm or signal is sent.
Central Station name and telephone number.
The name of the installer's company name, address and telephone number. The company name, address, and telephone number if different on the company doing the service work, along with a copy of the service contract.
The owner's name and address of the location of the alarm.
The contact person, name, home address if different, and telephone number.
Emergency contact person name, home address, and telephone number.
How the system can be silenced by emergency personnel. If it is a coded system the silent code will be the same as the address preceded by A1.
A description of the alarm system if it is not a newly installed system.
An acknowledgement that the applicant consents to the Fire Prevention Bureau inspection of the system and premises where the system is installed in addition to that permitted or required by State law or regulation.
An agreement to test the fire alarm system in the presence of the Fire Prevention Bureau either annually or as required following transmission of a false alarm.
An acknowledgement that the system may not be used unless appropriate approval is granted.
The name, address, telephone number, policy number and contact person of the premises' insurance company.
A permit will be issued by the Fire Prevention Bureau on a newly installed system for the length of the warranty if the owner supplies the Bureau with a copy of the warranty and if the equipment is in conformance with the above provisions.
[Ord. No. 96-29]
The issuing authority may revoke any alarm system permit issued pursuant to this section if the authority determines the alarm system has been operated or maintained in violation of these provisions, or for failure to pay the required fee.
The owner of the alarm system must receive written or verbal notice of the violation and an opportunity to be heard within three normal business days.
[Ord. No. 96-29]
A Fire Inspector, qualified by a local enforcing agency, shall annually inspect the fire alarm system to ensure the system complies with the operational requirements set forth herein.
Any violations as set forth in the following section, or defects in the alarm system shall be noted by the Fire Official and a copy of the citations given to the owner. The owner shall have 20 days to correct the violations.
The owner of the alarm system shall maintain on the premises an accurate log of the location and number of alarm systems and devices installed, any defects in, or modifications and repairs to the alarm systems or devices, and shall make this log available to the Enforcing Agency for inspection and evaluation.
[Ord. No. 96-29]
The fire alarm system and protective equipment shall be tested every six months by an alarm service company.
[Ord. No. 96-29]
The registration shall be in a form of a service contract with an alarm service company. This service contract will state the time and area covered. Example: "April 1, 20__ to March 31, 20__. All buildings except _________." This service contract must also state response time, days, night, weekends, holidays. The contract will also state a copy of all work performed will be sent to the Matawan Fire Prevention Bureau within three working days after the completion of the work.
Upon receipt of a service contract form the alarm service company the Matawan Fire Prevention Bureau will issue a permit for the operation of the system for the time of the contract. It will be in violation of this section to operate an alarm system without a permit.
If there is no service contract between the owners or the building operators, a monthly report on all devices, and work performed and by whom must be filed with the Matawan Fire Prevention Bureau.
[Ord. No. 96-29]
A test of a least once a year and after every alarm activation must be made in the presence of an Inspector from the Matawan Fire Prevention Bureau. The fee for an Inspector to witness this test is $50 for the first time, $75 for the second and the amount will double after that for each alarm activation in a building up to 12 months after the first activation.
[Ord. No. 96-29]
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]
Visual Alarm. Fire Department connection, or in complexes with more than one building, the Fire Official may require the installation of an outside strobe type visual alarm, so that the Fire Department connection or the building is readily apparent to responding fire apparatus.
Outside Horn, Bell, Strobe. In all buildings requiring a Fire Department connection, or in complexes with more than one building, the Fire Official may require the installation of an outside horn, bell and/or strobe so that Fire Department connection, or building is readily apparent to responding apparatus. The color of the strobe light will be red.
Knox-Box®, Horn, Strobe Light. In each complex of three or more units with lockable outside commonway door, and all commercial buildings the Fire Official may require the installation of an outside Knox-Box® with an amber strobe light over the box. The Knox-Box® will be interlocked into the fire alarm or security system. When the system is not tied into a central station, there will also be an outside horn.
Haz-Mat Data Storage Cabinet. In all new businesses, factories where hazardous material is stored or used, a haz-mat cabinet may be required by the Fire Official. All requirements of paragraphs a, b and c will be required.
No foreign items shall be attached to a fire alarm system.
[Ord. No. 96-29]
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]
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.
All penalties must be paid within 30 calendar days or subject to additional penalties of the same amount.
[Ord. No. 96-29]
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.
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]
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:
[Ord. No. 05-06 § 16-2a]
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 right-of-way leading to the above-type buildings or structures.
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 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]
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]
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]
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.
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.
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.
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]
As used in this section:
- OFFICE BUILDINGS
- Shall mean and include any business complex that has four or more offices or separate businesses in one building.
- SHOPPING CENTER
- Shall mean and include 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]
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]
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 not more than $75 or imprisonment for a term not exceeding 15 days or both.