[1971 Code § 23-2; amended 3-2-2021 by Ord. No. 21-02]
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; amended 3-2-2021 by Ord. No. 21-02]
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 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.
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 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 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 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.
d.
The Fire Official shall be under the supervision of the Fire Liaison
Committee and the Fire Commissioner.
e.
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; amended 3-2-2021 by Ord. No. 21-02]
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]
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; amended 3-2-2021 by Ord. No. 21-02]
The local enforcing agency shall be subject to direction from
the Mayor and Council and the Mayor and Council hereby designate 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; amended 3-2-2021 by Ord. No. 21-02]
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; amended 3-2-2021 by Ord. No. 21-02]
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]
a.
Fees for certificates of continued occupancy. Any change in ownership
or tenant requires that a new certificate must be applied for.
1.
Residential resale: all certificates of continued occupancy: see fee schedule in Subsection c4. This fee includes the fire certificate of continued occupancy and the certificate of smoke detector compliance and carbon monoxide detector (CSDCMAC).
(a)
Residential rental continued certificate of occupancy shall be $75
and is required for each dwelling unit before occupancy.
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 inspection fees.
1.
In addition to the inspection and fees required pursuant to the Act
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.
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.
(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 work shops
not classified as a life hazard use.
(k)
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.
3.
Inspection fees.
|
Type
|
Fee
|
|---|---|
|
Type K uses:
| |
|
Multiple-family, per building up to 25 units
|
$30
|
|
Each unit over 25
|
$5
|
|
Type L uses
|
$15
|
|
Type M uses
|
$20
|
|
Type N uses
|
$25
|
|
Type O uses
|
$30
|
|
Type P uses
|
$35
|
|
Type Q uses
|
$50
|
|
Type R uses
|
$65
|
|
Type S uses
|
$110
|
|
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 R-3 or R-4 for a certificate of continued
occupancy received prior to 10 business days of the change of occupant
|
$75
|
|
Each single-family R-3 or R-4 for a certificate of continued
occupancy received 4 to 10 business days prior to the change of occupant
|
$100
|
|
Each single-family R-3 or R-4 for a certificate of continued
occupancy received fewer than 4 business days prior to the change
of occupant
|
$125
|
|
Each duplex for a certificate of continued occupancy This fee
includes the CSDMAC
|
$150
|
|
Temporary continued certificate of occupancy
|
An additional $50
|
|
Rental continued certificate of occupancy (CCO)
|
$75
|
|
Certificate of fire code status
| |
|
Per floor to 2,500 square feet
|
$40
|
|
In excess of 2,500 square feet, per floor, same
building, per 1,000 square feet
|
$15
|
|
Copy of fire investigation report
|
Contact Monmouth County Fire Marshal
|
|
Return check service charge
|
See Chapter 2, Administration
|
[Ord. No. 13-05; amended 3-2-2021 by Ord. No. 21-02]
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]
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]
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 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 chapter 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]
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]
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]
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 subsection, "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 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; amended 3-2-2021 by Ord. No. 21-02]
a.
No building shall be sold or transferred unless the owner shall have
first obtained a Ccertificate 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 and carbon monoxide
detectors. CCO shall act as CSDCMAC.
2.
All electric outlets within six feet of a sink must be ground fault
protected.
3.
Bathroom fixtures cannot be used as a source of power.
4.
All electric wires must terminate in approved boxes.
5.
All openings in electric boxes must be closed off.
6.
Must have street numbers on house, visible from street; minimal size
of numbers three inches.
7.
Handrails and guardrails must be in good condition.
8.
Window panes must be in; none missing; no large cracks.
9.
All electric outlets and switches must have approved plates installed.
10.
All windows must be 45% percent openable and stay open, no supports.
11.
All electric fuse boxes must have correct size fuses for their intended
wire size use.
12.
All electric circuit breakers must be free of hazards.
13.
Connection of heating system metal stack where applicable to chimney
must be in good condition.
14.
No electric cords (wires) installed on or through walls, floor, ceiling,
or from room to room.
15.
Clothes dryer exhaust will be of noncombustible material.
16.
(Reserved)
17.
All installed appliances must be installed as per manufacturer's
instructions.
18.
Smoke and CO detectors: one on each level and within ten feet of
sleeping quarters must be in working order.
19.
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. TCCOs issued pursuant to the terms of this chapter
shall expire within 90 days of the date of issuance thereof and shall
be transferrable at the discretion of the Fire Official.
[1]
Editor's Note: Ord. No. 21-02 deleted former Section 17-4,
Key Boxes and Hazardous Materials Information Boxes. Previous history
includes Ord. No. 96-18 §§ 1 and 3. Ord. No. 21-02
also renumbered former Section 17-5 as 17-4.
[Ord. No. 96-19; 3-2-2021 by Ord. No. 21-02]
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.
[Ord. No. 96-29, Preamble;
amended 3-2-2021 by Ord. No. 21-02]
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]
As used in this section:
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.
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; amended 3-2-2021 by Ord. No. 21-02]
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02]
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]
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]
[Ord. No. 96-29; amended 3-2-2021 by Ord. No. 21-02]
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]
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;
amended 3-2-2021 by Ord. No. 21-02]
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]
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]
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]
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]
As used in this section:
Include any business complex that has four or more offices
or separate businesses in one building.
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]
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]
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:
