The intent of this article is to require, pursuant to the authority provided in N.J.S.A. 52:27D-192 et seq., smoke-sensitive and other alarm devices in certain structures used for residential purposes.
[Adopted 1-14-1992 by Ord. No. 91-931 (Ch. 42, Art. IV, of the 1966 Code); amended 12-14-2010 by Ord. No. 2010-1335; 2-26-2013 by Ord. No. 2013-1371; 11-28-2017 by Ord. No. 2017-1434; 2-26-2019 by Ord. No. 2019-1467]
B.
Smoke detectors, when required, shall be installed in accordance with NFPA 72 listed in N.J.A.C. 5:70-4.19, as amended and supplemented.
C.
Smoke detectors may be AC-powered or battery-powered and shall be tested and listed by a product certification agency recognized by the New Jersey Division of Fire Safety. However, AC-powered single- or multiple-station smoke alarms installed as part of the original construction or rehabilitation project shall not be replaced with battery-powered smoke alarms.
D.
In accordance with N.J.A.C. 5:70-4.19, in all Use Group R-3 dwellings subject to the requirements of N.J.A.C. 5:70-2.3, carbon monoxide alarms shall be installed in all dwelling units in buildings in one- and two-family or attached single-family dwellings, except for units in buildings that do not contain a fuel-burning device or have an attached garage, as follows:
(1)
Single-station carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s).
(2)
Carbon monoxide alarms may be battery-operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of this section and NFPA-720.
E.
In accordance with N.J.A.C. 5:70-4.19, in all Use Group R-3 dwellings subject to the requirements of N.J.A.C. 5:70-2.3, a portable fire extinguisher shall be installed in accordance with the following:
(1)
The extinguisher shall be within 10 feet of the kitchen and located in the path of egress;
(2)
The extinguisher shall be readily accessible and not obstructed from view;
(3)
The extinguisher shall be mounted using the manufacturer's hanging bracket so the operating instructions are clearly visible;
(4)
The extinguisher shall be an approved listed and labeled type with a minimum rating of 2A-10B:C and no less than five pounds and no more than 10 pounds;
[Amended 9-29-2020 by Ord. No. 2020-1485]
(5)
The owner's manual or written operation instructions shall be provided during the inspection and left for the new occupant;
(6)
The extinguisher shall be serviced and tagged by a certified Division of Fire Safety contractor within the past 12 months or the seller must have a receipt for a recently purchased extinguisher; and
(7)
The top of the extinguisher shall not be more than five feet above the floor.
(8)
Exception: Portable fire extinguishers shall not be required for seasonal summer units. For purposes of applying this exception, "seasonal summer unit" shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary, or seasonal workers in connection with any work or place where work is being performed.
[Amended 4-13-2023 by Ord. No. 2023-1532]
Before any Use Group R-3 or R-2 structure or dwelling is sold, leased or otherwise subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC) from the Fire Prevention Bureau, provided that, in the instance of rental units, no more than one CSACMAPFEC shall be required in any twelve-month period.
A.
The owner or owner's managing agent of premises requiring a certificate as required herein shall make application therefor on forms provided by the Fire Prevention Bureau, which application shall be accompanied by the appropriate fee.
B.
The Fire Prevention Bureau shall inspect the premises for which a certificate has been requested and, upon a finding that the premises satisfies the requirements of this article, issue a certificate within 10 business days of the receipt of a completed application and fee.
A.
In accordance with the provisions of N.J.A.C. 5:70-4.3, the requirements of N.J.A.C. 5:18-4.19 shall apply to all Use Group R-3 and R-2 structures and dwellings regardless of their state of compliance with the Uniform Construction Code or any other code.
[Amended 4-13-2023 by Ord. No. 2023-1532]
B.
Nothing herein shall be deemed to prevent the Fire Official from making a finding of imminent hazard pursuant to N.J.A.C. 5:70-2.14 or the Construction Official from making a finding of an unsafe building pursuant to N.J.A.C. 5:23-2.23 and requiring correction of such hazard or unsafe condition in accordance with these regulations.
A.
Sellers, transferors, lessors, buyers, transferees and tenants of all dwelling units subject to this article shall be responsible for the correct installation and maintenance of smoke detectors as described herein.
B.
The owner of a rental unit shall, at the time of installation of smoke detectors and thereafter at the commencement of each tenancy, provide to the tenant at least one copy of written instructions on the operation, maintenance and testing of the smoke detectors, including the replacement of batteries in the battery-operated unit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The fees for an inspection by the Fire Prevention Bureau for a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance shall be as follows:
Document | Fee |
|---|---|
Inspection | $100 |
Reinspection (if required) | $50 |
A.
Any person or corporation, including an officer, director or employee of a corporation, who violates any of the provisions of this article shall commit a violation of the Uniform Fire Safety Act of New Jersey, N.J.S.A. 52:27D-192 et seq., and shall be subject to a fine of not more than $1,000 for the first offense and not more than $5,000 for a subsequent offense, and be enforceable by civil action in a summary manner under the N.J.S.A. 2A:58-10 et seq., with further provisions that a violator who fails to pay may be imprisoned for up to six months.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
In case of continuing violations, each day that the violation persists shall be deemed a separate violation.
C.
The violator shall become liable to the Borough of Montvale for the cost of suppressing any fire directly or indirectly resulting from the violation pursuant to the provisions of N.J.S.A. 52:27D-210.