[HISTORY: Adopted by the Board of Commissioners
of the Borough of Collingswood 8-5-1985 by Ord. No. 848; amended
in its entirety 12-27-2019 by Ord.
No. 1679. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 29.
Brush, grass and weeds — See Ch. 113.
Fire damaged buildings — See Ch. 115.
Numbering of buildings — See Ch. 117.
Uniform construction codes — See Ch. 135.
Development regulations — See. Ch. 141.
Hazardous substances — See Ch. 177.
Key boxes — See Ch. 186.
Property maintenance — See Ch. 227.
Pursuant to § 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced
in the Borough of Collingswood.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcement agency of this article shall be the Bureau
of Fire Prevention of the Municipal Fire Department or any other agency
designated by the Borough.
[Amended 5-3-2021 by Ord. No. 1708]
The local enforcing agency shall enforce the Uniform Fire Safety
Act,[1] codes and regulations adopted under it in all buildings,
structures and premises within the geographic boundaries of the Borough
of Collingswood other than one- and two -unit owner-occupied dwellings
used exclusively for dwelling purposes and buildings, structures,
and premises owned or operated by the federal government, interstate
agencies or the State of New Jersey and shall faithfully comply with
the requirements of the Uniform Fire Safety Act and the Uniform Fire
Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[Amended 5-3-2021 by Ord. No. 1708]
The local enforcing agency established by § 163-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The local enforcing agency established by § 163-2 of this chapter shall be a part of the Department of Public Safety. This local enforcing agency shall be under the direct supervision and control of the Fire Official, who shall report to the Municipal Fire Chief of the Borough of Collingswood. If the Fire Official and the Fire Chief are the same person, the Fire Official shall report to the Director of Public Safety.
A.
The local enforcing agency shall be under the supervision of a Fire
Official who shall be appointed by the Borough of Collingswood Board
of Commissioners.
B.
The Fire Official shall serve for a term of three years. Any vacancy
shall be filled for the unexpired term by appointment as provided
in this section.
C.
[1]All fire inspectors and any other employees as may be necessary
for the local enforcing agency shall be appointed by the Borough of
Collingswood Fire Office and upon the recommendation of the Fire Chief.
D.
The Fire Official and Fire Inspectors and other employees of the
local enforcing agency shall be subject to removal by the Borough
of Collingswood pursuant to any applicable state or federal laws.
Each Fire Inspector or other employee to be removed shall be afforded
an opportunity to be heard by the appointing authority or a designated
hearing officer.
Pursuant to §§ 15 and 17 of the Uniform Fire
Safety Act,[1] any person aggrieved by any order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of Camden County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
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 shall be required:
A.
All commercial, business or office uses which are not covered by
the life-hazard use registration shall be inspected annually. Multifamily
dwellings (other than owner-occupied one- and two-family dwellings)
shall be included herein as a commercial use.
B.
A license shall be issued by the Borough and shall be displayed in
the place of business, evidencing that the inspections required herein
have occurred. The license shall state the type of business being
conducted on the premises.
A.
Life-hazard uses. All fees established in accordance with N.J.A.C.
5:70-2.9 shall be invoiced by and paid to the New Jersey Division
of Fire Safety.
B.
Non-life-hazard uses.
(1)
In addition to the registration required by the Uniform Fire Code,
the following non-life-hazard uses shall register with the local enforcing
agency. These uses shall be inspected on an annual (twelve-month)
schedule established by the local enforcing agency and shall pay an
annual fee as set forth below. No use required to register with the
State of New Jersey as a life-hazard use shall be required to register
pursuant to this section.
(2)
The tenant or user or occupant of a tenant space will be responsible
to register and pay the fee for the space that a tenant or occupant
of the space actually occupies. All fees are based on the use group
assigned and the gross square footage of the area being registered.
[Amended 5-3-2021 by Ord. No. 1708]
(3)
In buildings that have common and/or public areas, the owner of the
building is responsible to register and pay the fee for those common
and/or public areas.
(4)
For buildings designated as office use groups, the building owner
will be responsible for payment of the registration fee. The fee will
be based on the total square footage of the building.
(5)
All registrations will be for a period of one year. Fees are not
refundable.
C.
Business, mercantile, commercial, factory, industrial, storage, warehousing
or utilities.
(1)
All fees for this category shall be as set forth in the following
table.
(2)
Exception: The following not-for-profit agencies, businesses and civic organizations are exempt from the inspection fees as established in Article II and from the permit fees established in the Uniform Fire Safety Code:
(3)
The following table outlines registration fees based on business
use group:
[Amended 5-3-2021 by Ord. No. 1708; 8-1-2022 by Ord. No. 1743]
|
Non-Life Hazard Use Commercial Property
|
Fee
| |
|---|---|---|
|
NLHUC-1
|
Buildings 2,999 square feet and less
|
$80
|
|
NLHUC-2
|
Buildings equal to or in excess of 3,000 square feet but not
exceeding 4,999 square feet
|
$125
|
|
NLHUC-3
|
Buildings equal to or in excess of 5,000 square feet but not
exceeding 9,999 square feet
|
$195
|
|
NLHUC-4
|
Buildings equal to or in excess of 10,000 square feet but not
exceeding 14,999 square feet
|
$255
|
|
NLHUC-5
|
Buildings equal to or in excess of 15,000 square feet but not
exceeding 24,999 square feet
|
$355
|
|
NLHUC-6
|
Buildings equal to or in excess of 25,000 square feet but not
exceeding 49,999 square feet
|
$480
|
|
NLHUC-7
|
Buildings equal to or in excess of 50,000 square feet but not
exceeding 99,999 square feet
|
$605
|
|
NLHUC-8
|
Buildings equal to or in excess of 100,000 square feet but not
exceeding 199,999 square feet
|
$755
|
|
NLHUC-9
|
Buildings equal to or in excess of 200,000 square feet but not
exceeding 299,999 square feet
|
$905
|
|
Each additional 100,000 square feet
|
$355
| |
D.
Collingswood residential fire inspection fees.
(1)
Residential properties with 30 or more units shall pay an annual
fire inspection fee based on the square footage of the common areas
only in accordance with the table below.
(a)
Exception: life-hazard-use buildings.
E.
Collingswood residential fire inspection fees.
(1)
All fees for this category do not apply to owner-occupied units.
(2)
The following table outlines registration fees based on residential
use group:
|
Residential User Group
|
Fee
| |
|---|---|---|
|
R-1
|
3 to 5 units
|
$80
|
|
R-2
|
6 to 25 units
|
$125
|
|
R-3
|
26 to 50 units
|
$255
|
|
R-4
|
51 units to 100 units
|
$455
|
|
R-5
|
Over 100 units
|
$605
|
F.
Residential housing inspection fees.
(1)
Housing inspection fees shall be $65 per housing unit up to seven units in addition to the residential fire inspection fee listed in Subsection D.
(2)
Housing inspection fees shall be $55 per housing unit from eight
to 14 units.
(3)
Housing inspection fees shall be $50 per housing unit from 15 to
21 units.
(4)
Housing inspection fees shall be $40 per housing unit from 22 to
29 units.
(5)
No housing inspection fee shall be charged for 30 or more units as these properties will be required to submit to a certificate of occupancy inspection and fee in Subsection J below.
(6)
Housing inspection fees shall be set forth in accordance with the
table below:
|
Housing Inspection
|
Fee
| |
|---|---|---|
|
H1
|
1 to 7 units
|
$65
|
|
H2
|
8 to 14 units
|
$55
|
|
H3
|
15 to 21 units
|
$50
|
|
H4
|
22 to 29 units
|
$40
|
G.
Fire and housing reinspection fees, use groups B1 to B9 and R1 to
R5.
(1)
The first reinspection shall be completed at no charge to the responsible
party.
(2)
The second reinspection fee shall be $50.
(3)
The third reinspection fee shall be $70.
(4)
The fourth and all subsequent reinspection fees shall be $100 per
reinspection.
(5)
The following table outlines reinspection fees for use groups B1
to B9 and R1 to R5:
|
Reinspection Group
|
Fee
| |
|---|---|---|
|
RE1
|
First reinspection
|
No fee
|
|
RE2
|
Second reinspection
|
$50
|
|
RE3
|
Third reinspection
|
$70
|
|
RE4
|
Fourth and all subsequent reinspections
|
$100
|
H.
Certificate of smoke alarm and carbon monoxide alarm and portable
fire extinguisher compliance (CSACMAPFEC).
(1)
CSACMAPFEC-1, inspections requested on all one- and two-family dwellings
within 10 calendar days of the settlement date: $75.
(2)
CSACMAPFEC-2, smoke detector/carbon monoxide inspections requested
on all one- and two-family dwellings within 10 calendar days of the
settlement date: $150.
(4)
The following table outlines fees for CSDCMAC:
|
CSDCMAC Group
|
Fee
|
|---|---|
|
CSDCMAC-1
|
$75
|
|
CSDCMAC-2
|
$150
|
(5)
The above fee for CSACMAPFEC entitles the applicant to one inspection.
Each additional reinspection requires an additional fee of $50.
(6)
A certificate is valid for a period of 180 days from the date of
issuance, or one change of ownership.
J.
Apartment certificate of occupancy inspections. All fees for apartment
certificate of occupancy inspections shall be $75 for each inspection
and $75 for each and every reinspection.
K.
Commercial occupancy certificate inspections. All fees for commercial
occupancy certificate inspections shall be $50 for each inspection.
There shall be no charge for reinspections.
L.
Penalties.
(1)
At no time shall penalties exceed the maximum permitted under N.J.A.C.
5:70-2.12.
(2)
Dedicated penalties shall be assessed in accordance with N.J.A.C.
5:70-2.12A in the amount of $50 per violation only on the first round
(P1) of penalties.
(3)
P3, P4, and P5 penalties shall be assessed from the date of the initial
inspection.
(4)
Penalties for violations of the Uniform Fire Code shall be assessed
per violation in accordance with the below-listed schedule.
|
Penalty Group
|
Fee
| |
|---|---|---|
|
P1
|
First round
|
$50 plus $50 dedicated
|
|
P2
|
Second round
|
$500
|
|
P3
|
Third round
|
$100 per day
|
|
P4
|
Fourth round
|
$500 per day
|
|
P5
|
Fifth round
|
Maximum permitted by UFC
|
M.
N.
Certificate of Fire Code status. As per Section 5:70-2.2(e) [N.J.A.C.
5:70-2.2(e)] of the Uniform Fire Code, any request for a certificate
of Fire Code status shall be $25.
P.
Civil court appearance and depositions. Any employee of the Borough
of Collingswood Fire Department subpoenaed to testify in civil court
or a deposition shall appear, and compensation shall be set forth
as follows: actual cost based on current salary as approved by the
current collective bargaining agreements, plus any additional cost
that may be required to backfill an employee's position if that employee
is scheduled while on duty. In addition, a per-mile charge based on
federal government rate plus tolls for distances exceeding 25 miles
will apply. The Fire Department(s) will charge a service charge of
$25 for preparation of all invoices.
[Amended 5-3-2021 by Ord. No. 1708]
Q.
Investigative conferences and meetings. An uninterrupted ninety-minute
conference at the Fire Prevention and Inspection Bureau, on site,
or at a location designated by the requestor shall be set as follows:
$100 per hour.
R.
Fire safety training. Fire safety training that is requested for
the purpose of compliance with a governmental regulation or other
such standard, including but not limited to fire extinguisher and
evacuation planning: $125 per hour (maximum 25 students).
S.
Fire watch coverage.
(1)
When requested or required to provide fire watch coverage due to
an emergency condition, requirement of permit function, or by notice
of violation and order to correct, the cost of such service will be
the current Fire Marshal's overtime pay rate, plus an additional administrative
fee of $100 for the actual cost of the processed payroll.
(2)
Failure for the property owner or designated property representative
to establish or properly document a fire watch when requested by the
Fire Department will result in an assessed penalty not to exceed $1,000
per day for every day the condition exists.
T.
Fire apparatus and personnel. When requested to provide fire apparatus
and personnel for nonexigent circumstances, the requestor must reimburse
the Fire Department for the actual cost of the personnel for the time
provided and $150 per vehicle provided.
U.
Cost of suppression. If the origin and cause of the fire results from a violation of the Uniform Fire Safety Act previously cited by the Fire Prevention and Inspection Bureau, the owner/occupant shall be responsible for the cost of fire suppression. The cost of suppression shall be computed based on the following formula: [hourly rate of all personnel on location] plus [the cost of each vehicle on the incident scene in accordance with Subsection M(1) above].
V.
Collection of fees.
(1)
Delinquent fees.
(a)
All fees and registration forms must be returned to the Fire
Marshal's office within 30 days of having been mailed to the user.
Failure to respond within this thirty-day period will result in a
notice of violations being sent by the Fire Marshal to the user. If
the registration and fees are not returned within 15 days of the notice
having been mailed to the user, penalties will be imposed pursuant
to the Uniform Fire Code. Failure to pay the registration fee or any
penalties assessed shall result in a person being liable for a further
penalty upon conviction for nonpayment or nonregistration. The penalty
upon conviction is $100 for the first offense and up to $1,000 for
each subsequent offense.
(b)
Collection of any unpaid fee or penalty shall be enforced through
the Borough of Collingswood Municipal Court or a court of competent
jurisdiction.
W.
Inspection frequency.
(1)
Life-hazard uses. Inspection frequency for life hazard uses will
be determined by the Uniform Fire Safety Act.
(2)
Non-life-hazard use. The following table will show inspection frequency
based on use:
|
User Group
|
Inspection Frequency
|
|---|---|
|
All user groups
|
12 Months
|
(3)
Permit uses.
(a)
Permit uses shall be inspected annually with the exception of Subsection W(3)(a)[1] through [9] below.
[1]
Fumigation permits shall be inspected quarterly by calendar
year.
[2]
All roofing permits, kettle, torch, or otherwise, shall be inspected
per occurrence.
[3]
All group/overnight stays shall be inspected per occurrence.
[4]
All live fire-training permits shall be inspected per occurrence.
[5]
All fireworks permits shall be inspected per occurrence.
[6]
All tent permits shall be inspected per occurrence.
[7]
All multipurpose room change of use permits shall be inspected
per occurrence.
[8]
All bonfire permits shall be inspected per occurrence.
[9]
All outdoor fireplace permits shall be inspected once per ownership
and are nontransferable.
(b)
The following table shall show inspection frequency based on
permit use:
|
Permit Type
|
Inspection Frequency
|
|---|---|
|
Type I thru Type IV
|
12 months
|
|
Fumigation
|
3 months
|
|
Roofing
|
Per occurrence
|
|
Group overnight stay
|
Per occurrence
|
|
Live fire training
|
Per occurrence
|
|
Fireworks
|
Per occurrence
|
|
Tent
|
Per occurrence
|
|
Multipurpose room change of use
|
Per occurrence
|
|
Bonfire
|
Per occurrence
|
|
Outdoor fireplace
|
Per ownership (nontransferable)
|
A.
Before any Use Group R-3 or R-4 structure is sold, leased or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke alarm and carbon monoxide alarm and portable fire extinguisher compliance (CSACMAPFEC), evidencing compliance with N.J.A.C. 5:70-4.19, for the enforcing agency of the Borough of Collingswood established by § 163-2 of this chapter.
B.
The owner, or authorized agent of the owner, shall apply for a CSACMAPFEC on a form provided by the enforcing agency. The application shall be accompanied by the appropriate fee as set forth in Subsection C.
D.
All residential sleeping areas within the Borough shall have at least
one fully operable smoke detector located within each sleeping area.
The detector must meet the requirements in the New Jersey Uniform
Fire Code. All such residential sleeping areas enclosed by a door
or otherwise shall, in addition, have at least one fully operable
smoke detector located outside each sleeping area within 10 feet of
such sleeping area. Installation of the smoke detectors shall be in
accordance with the manufacturer recommendations and the National
Fire Safety Code, Borough ordinances or any other applicable statute
or ordinance. Additionally, a carbon monoxide detector(s) shall be
installed, meeting the requirements of UL Standard 2034; provided,
however, that no carbon monoxide alarm shall be required in any building
that does not contain any fuel-burning appliances and does not have
an attached garage.
E.
A CSACMAPFEC shall not be transferable. If the change of occupancy
specified in the application for a CSDCMAC does not occur within six
months, a new application shall be required.
All buildings with an automatic fire alarm system or sprinkler system are required to have a rapid access key box in accordance with Chapter 186, Key Boxes, of the Code of Collingswood.
The Fire Official or his/her designee shall have the ability to issue civil penalties against persons who stop or stand a vehicle in a fire lane located within the Borough of Collingswood as such fire lanes are described in Schedule XXIV of Chapter 293 of the Borough of Collingswood Municipal Code (§ 293-71.2).
This article shall amend Chapter 163 of the Borough of Collingswood Uniform Fire Safety Regulations and is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Borough of Collingswood by regulating the air pollution and fire hazards of open burning and outdoor burning.
This article applies to all outdoor burning and open burning
within the Borough of Collingswood.
A.
This article does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
B.
This article does not apply to burning for the purpose of generating
heat in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation.
C.
This article does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
As used in this article, the following terms shall have the
meanings indicated:
A small outdoor fire intended for recreation or cooking,
but not including a fire intended for disposal of waste wood or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging, and rubble that results from construction, remodeling,
repair, and demolition operations on a house, commercial or industrial
building, or other structure.
The Fire Official of the Borough of Collingswood or other
person designated by the Fire Official.
The Borough of Collingswood.
Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney. This includes burning in a burn barrel.
Open burning or burning in an outdoor wood-fired boiler or
patio wood-burning unit.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
A chimnea, patio warmer, outdoor fireplace or other portable
wood-burning device used for outdoor recreation and/or heating.
Any waste material, except trees, logs, brush, stumps, leaves,
grass clippings, and other vegetative matter.
Open burning and outdoor burning are prohibited in the Borough
of Collingswood unless the burning is specifically permitted by this
article.
Open burning of refuse is prohibited.
Open burning of trees, logs, brush, stumps, leaves, and grass
clippings is prohibited.
No person shall install, use, or maintain an outdoor wood-fired
boiler in the Borough of Collingswood, unless approved by permit through
the Construction Office.
A patio wood-burning unit may be installed and used in the Borough
of Collingswood only in accordance with all of the following provisions:
A.
A permit must be obtained through the Fire Official.
B.
The patio wood-burning unit shall not be used to burn refuse.
C.
The patio wood-burning unit shall burn only clean dry wood.
D.
The patio wood-burning unit shall be located at least 15 feet from
the nearest structure which is not on the same property as the patio
wood-burning unit. The unit shall not be located less than five feet
from combustible structures on the same property or on any decks,
porches or balconies.
E.
The patio wood-burning unit and its by-products shall not cause a
nuisance to neighbors.
F.
Must be in an approved container with an ember-suppressing lid. (Stone/block
fire pits must have a lid or screen.)
G.
The use of flammable liquids and accelerants is prohibited.
H.
Trees, brush, grass, leaves or other material is prohibited.
I.
Must have working garden hose stretched to fireplace or proper fire
extinguisher within 10 feet.
A permit must be obtained through the Borough Fire Official's
office. There will be no fee for the permit, and it will be valid
to the person or agency to which it is issued for the length that
that person or agency occupies the property. This permit must be on
hand, and available for inspection, anytime that the patio wood-burning
unit is in use.
A person utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
The Fire Official or any authorized officer, agent, employee
or representative of the Borough of Collingswood who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this article.
A.
The Fire Official, his/her designee and the Borough of Collingswood
are authorized to enforce the provisions of this article.
B.
The Fire Official, at any time and with just cause, has the right
to revoke a permit.
C.
Any person, firm, association, partnership, corporation, or governmental
entity who or which violates any of the provisions of this article
or fails to comply with a duly authorized order issued pursuant to
this article shall be deemed to be responsible for a municipal civil
infraction which shall be punishable by a civil fine of no less than
$50 and no more than $100.
D.
The violator shall pay costs, which may include all expenses, direct
and indirect, which the Borough of Collingswood has incurred in connection
with the municipal infraction. In no case, however, shall costs of
less than $50 or more than $100 be ordered. In addition, the Borough
of Collingswood shall have the right to proceed in any court of competent
jurisdiction for the purpose of obtaining an injunction, restraining
order, or other appropriate remedy to compel compliance with this
article. Each day that a violation of this article exists shall constitute
a separate violation of this article.
