City of Lambertville, NJ
Hunterdon County
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Table of Contents
Table of Contents
[1990 Code § 11-1.1; Ord. No. 03-2012]
Pursuant to N.J.S.A. 52:27D-202 et seq., the New Jersey Uniform Fire Code shall be locally enforced in the City of Lambertville.
[1990 Code § 11-1.2; Ord. No. 03-2012]
a. 
The local enforcing agency shall be the Bureau of Fire Prevention which is hereby created in the City. The agency shall have at least one paid fire official and shall enforce the New Jersey Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the City as required by law, and all codes and regulations in this any other applicable chapter of municipal code.
[Amended 12-19-2019 by Ord. No. 28-2019]
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
b. 
The local enforcing agency shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[1990 Code § 11-1.3; Ord. No. 03-2012; amended 12-19-2019 by Ord. No. 28-2019]
The local enforcing agency established by Subsection 11-1.2 of this section shall be a part of the City and shall be under the direct supervision and control of the Fire Official who shall report to the Business Administrator and Mayor.
[1990 Code § 11-1.4; Ord. No. 03-2012]
a. 
Appointment of Fire Official. The Fire Official shall be certified by the State and shall be appointed by the Mayor with the consent of the Council.
b. 
Appointment of Inspectors and Other Employees. Inspectors and other employees of the enforcing agency shall be appointed by the Mayor and Council upon recommendation of the Fire Official. All inspectors shall be certified by the State.
c. 
Appointment of Legal Counsel. Legal counsel to assist the agency to enforce the Uniform Fire Code shall be the City Attorney.
d. 
Term of Office. The Fire Official shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
e. 
Removal from Office. The Fire Official shall be subject to removal by the Mayor and Council for just cause. Inspectors and other employees of the agency shall be subject to removal by the Fire Official with the consent of the Mayor and Council for just cause. All persons removed from office shall be afforded an opportunity to be heard by the Mayor and Council or a hearing officer designated by the Mayor and Council.
[1990 Code § 11-1.5; Ord. No. 2005-07; amended 12-19-2019 by Ord. No. 28-2019]
The local enforcing agency established by Subsection 11-1.2 of this section shall carry out the periodic inspections of life hazard uses, as defined under N.J.S.A. 52:27D-196 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., and as required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs. Permits for the required inspections shall be as mandated and set forth in the Uniform Fire Safety Act and N.J.A.C. 5:70-1.1 et seq.
[1990 Code § 11-1.6; Ord. #2003-08 § 1; Ord. No. 03-2012; Ord. No. 02-2017]
a. 
In addition to the regulations required by the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., the following non-life hazard uses shall register with the Bureau of Fire Prevention and pay annual fees pursuant to the Non-LHU Fee Structure:
[Amended 12-19-2019 by Ord. No. 28-2019]
1. 
Where a building or structure has more than one use which may include a business use as defined herein, then each separate use shall be subject to the appropriate fees and registration as set forth in this chapter.
2. 
Where two or more of the same use or different uses exist in the same building or premises, each use shall be considered as separate and distinct and shall be subject to the appropriate fees and registration as set forth in this chapter.
All of the foregoing uses shall be inspected for compliance with the provisions of this chapter periodically, but not less than once every 24 months, such inspections to be performed under the City of Lambertville Bureau of Fire Prevention.
b. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection b, Residential Use Group, was repealed 12-19-2019 by Ord. No. 28-2019.
c. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection c, regarding a smoke detector/carbon monoxide fee, was repealed 12-19-2019 by Ord. No. 28-2019.
d. 
UCC Code Type:
1. 
Uses not classified above will be classified as business uses.
2. 
Uses required to be registered with the State of New Jersey as life hazard uses shall not be required to register under this subsection.
3. 
Any buildings, structures or premises that are "tax exempt" according to the official tax records of the City of Lambertville will be exempt from non-life hazard use registration fee. However, these buildings will be inspected as required by the Uniform Fire Code.
4. 
Vacant buildings will be charged and inspected according to the previous use of the building.
e. 
Inspections of Non-Life-Hazard Units:
[Amended 12-19-2019 by Ord. No. 28-2019]
1. 
Definitions. Unless expressly defined under this subsection, any and all terms relevant to this section shall be the same as those definitions as set forth in the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-3, and such definitions are specifically incorporated into this section by reference herein. Additionally, the following terms shall be defined as follows:
RESIDENTIAL RENTAL UNIT
Any one- or two-family dwelling unit that includes or provides for the rental of any space or room within the dwelling unit or on the property of the dwelling unit, in exchange for consideration, for any period of time, by a non-immediate family member.
2. 
Inspections. Each non-life hazard unit shall be inspected at least once during each twenty-four-month period by a City of Lambertville Fire Official or Fire Inspector for the purpose of determining the extent that the non-life hazard unit complies with the City's fire and safety codes or state UFC. All such premises or buildings shall be subject to such inspection and registration, regardless of any other state or municipal inspections which may be conducted of such premises.
3. 
Inspection Fee. The owner of each non-life hazard unit shall pay a fee for inspection of the subject premises.
(a) 
Multifamily. The fees are hereby established at $100 for the inspection of the common areas in premises with more than three dwelling units and $10 per unit of dwelling space for all premises.
(b) 
Residential Rental Unit. The fees are hereby established at $50 annually for the inspection of each premises.
(c) 
All other non-LHU fees are as follows:
Non-LHU Fee Structure
UCC Code Type
2020 Annual Fee
Business Use Group
Under 2,500 square feet
$55
2,500 to 4,000 square feet
$105
5,000 to 9,999 square feet
$130
10,000 square feet and over
$155
Factory Use Group
Under 5,000 square feet
$105
2,500 square feet and over
$130
Mercantile Use Group
M-1 under 6,000 square feet
$80
M-2 6,000 to 11,000 square feet
$155
Storage Use Group
S-1 under 2,500 square feet
$55
S-2 2,500 square feet and over
$105
Utilities Use Group
U-1 under 2,500 square feet
$105
U-2 2,500 square feet and over
$205
(d) 
For each occasion that an owner fails to provide access after receipt of two notices, a fee of $75 shall be imposed in addition to the inspection fee.
4. 
Persons authorized to conduct inspections. The inspection shall be conducted by a municipal official authorized by the City and certified as a Fire Official or Fire Inspector. Such official may be accompanied by any other City official necessary to conduct adequate fire and safety inspections. Such inspections will be performed under the direction of the Fire Official, Business Administrator, and Mayor.
5. 
Powers of Inspectors. The inspectors under this section are hereby granted all the powers necessary and appropriate to carry out and execute the purposes of this section, including, but not limited to, the power to:
(a) 
Enter and inspect any multifamily dwellings and apartments and to make such investigation as is reasonably necessary;
(b) 
Administer and enforce the provisions of any and all City regulations or ordinances;
(c) 
Compel the owner of any non-life-hazard unit to produce any and all files, books, documents or other objects which are necessary in order to carry out the purposes of this section,
[1990 Code § 11-1.7; Ord. No. 2005-07; Ord. No. 03-2012; Ord. No. 02-2017]
Issue any and all complaints necessary against any person violating provisions of this section or any other section of the City's ordinances and to prosecute or cause to be prosecuted any violations of this section or any other section of the City's ordinances in any state or local court.
[1990 Code § 11-1.8; Ord. No. 03-2012]
(Reserved)
[1990 Code § 11-1.9; Ord. No. 03-2012]
Pursuant to N.J.S.A. 52:27D-206 and N.J.S.A. 52:27D-208 any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the local Construction Board of Appeals. If no such body exists, appeals shall be made to the County Construction Board of Appeals.
[1990 Code § 11-1.10; Ord. No. 03-2012]
Enforcement, violations, and penalties shall be in conformity with the Act and Regulations and Rules of the Department of Community Affairs.
[1990 Code § 11-1.11; Ord. No. 2003-08 § 2; Ord. No. 2005-07; Ord. No. 03-2012; amended 12-19-2019 by Ord. No. 28-2019]
The fee for a certificate of smoke detector and carbon monoxide compliance as required by N.J.A.C. 5:70-2.3 shall be $65.
[1990 Code § 11-2.1; Ord. No. 03-2012]
There is created in the City one fire district to be known and designated as "Fire District of the City of Lambertville, Country of Hunterdon."
[1990 Code § 11-2.2; Ord. No. 03-2012]
Geographical boundary of the fire district shall be identical with the geographical boundary of the City of Lambertville as now established or as it may be changed in the future.
[1990 Code § 11-3.1; Ord. No. 03-2012]
There shall be as established in the City a fire alarm system with necessary wires for the same attached to the poles of the telephone, electric light and telegraph companies in accordance with the reservation in the several ordinances granting them the use and occupancy of the streets for their poles and wires.
[1990 Code § 11-3.2; Ord. No. 2005-07; Ord. No. 03-2012]
The fire alarm system shall be constructed and controlled under the general supervision of the Chief Engineer and Board of Engineers of the City Fire Department under such rules and regulations as may hereafter be adopted or approved by the Mayor and Council.
[Prior source history includes 1990 Code § 11-4; Ord. No. 2005-07; Ord. No. 03-2012]
[Ord. No. 02-2017]
The lanes shall be installed by the property owner utilizing regulations signs and paint on the pavement areas, which signs and paint shall be installed and maintained by the property owners under the direction and supervision of the Lambertville Police Department in accordance with the specification of the Lambertville Police Department in conjunction with the recommendations of the Fire Chief.
[Ord. No. 02-2017]
No person or any agent or employee shall park, leave standing or cause to be any vehicle in any lanes mentioned in this section, or cause any other obstruction in the areas so designated as fire lanes.
[Ord. No. 02-2017]
The Lambertville Police Department shall have concurrent jurisdiction with Fire Official in enforcing this section.
[Ord. No. 02-2017]
Any person found guilty of a violation of this section shall be liable to the penalties contained in N.J.S.A. 39:4-203 and court costs involved.
[Ord. No. 02-2017]
If any person seeks a variance from this section, the Fire Official shall chair a meeting with the Fire Chief, the Chairman of the Planning Board, the Mayor and the Police Director. At that meeting, representatives of such person may present concerns about the designation. Any decision will be by affirmative vote of this group.
[Ord. No. 02-2017]
There shall not be allowed any vehicular traffic of any kind, except emergency vehicles, on any property dedicated and designated fire lanes throughout the City whether the lanes are so designated by order of an official public agency or by owner of the private property.
[Added 12-19-2019 by Ord. No. 28-2019]
The owner of any life hazard unit or non-life hazard unit in the City of Lambertville that is offered for rental, whether in whole or in part, shall file with the Fire Official an ALRA, which, when possible, shall be integrated by the City into any existing annual filing requirements.
a. 
The ALRA shall be filed annually by January 1 and any ALRA received after February 1 shall be considered late and subject to applicable late fees.
b. 
All ALRAs must be filed electronically pursuant to instructions that the City will distribute annually to all landlords. The City has absolute and sole discretion to determine whether a filed ALRA is complete. If the City notifies a landlord that additional information or resubmission is required, the landlord must respond to the City's notice within five business days, otherwise late fees may be assessed.