[HISTORY: Adopted by the Mayor and Council of the Borough of Neptune City 12-27-1966 by Ord. No. 66-7. Sections 64-1, 64-5B and 64-11A amended 11-8-1976 by Ord. No. 76-10; further amended by Ordinance Nos 68-2 and 79-3. Readopted in its entirety 2-25-1991 by Ordinance No. 1991-1. Other amendments noted were applicable.]
[Amended 12-28-2009 by Ord. No. 2009-11]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c.383) the New Jersey Uniform Fire Code (N.J.S.A. 52-27d-192 et seq.) shall be locally enforced by the Borough of Neptune City.
[Amended 12-26-2023 by Ord. No. 2023-22]
The local enforcing agency shall be the Bureau of Fire Prevention of the Borough of Neptune City.
The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes, regulations and ordinances adopted under it in all buildings, structures and premises within the established boundaries of the borough other than owner- occupied one and two family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcing agency established by Section 64-2 shall carry out the periodic inspections of fire hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 12-28-2009 by Ord. No. 2009-11; 12-26-2023 by Ord. No. 2023-22]
The local enforcing agency established by Section 64-2 shall be under the direct supervision and control of the Borough Administrator and State Fire Marshal, who will report directly to the Council Fire Commissioner, the Borough Administrator and any required local, county, or state agencies.
[Amended 12-28-2009 by Ord. No. 2009-11]
A. 
The local enforcing agency shall be under the supervision of the Fire Marshal who shall be appointed by the Mayor and confirmed by Resolution of the Council of the Borough of Neptune City.
[Amended 12-26-2023 by Ord. No. 2023-22]
B. 
The Fire Marshal shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
C. 
Such inspectors and other employees as may be necessary in the local enforcing agency may be appointed by the Mayor and confirmed by Resolution of the Council of the Borough of Neptune City upon the recommendation of the Fire Marshal.
D. 
The Fire Marshal, Inspectors and other employees of the enforcing agency shall be subject to removal by the Mayor and Council of the Borough of Neptune City for inefficiency, misconduct or other good cause. Each employee to be so removed shall be afforded an opportunity to be heard by the Mayor and Council.
[Amended 12-26-2023 by Ord. No. 2023-22]
E. 
All appointments and terms of the office provided hereunder shall be subject to the requirement and/or determination of the Mayor and Council of the Borough of Neptune City, that local enforcement of the Uniform Fire Code shall be in the best interest of the borough. In the event that local enforcement of the Uniform Fire Code ceases or is significantly diminished or replaced, nothing herein shall preclude elimination and/or reduction of staff.
[Amended 12-28-2009 by Ord. No. 2009-11]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Monmouth (N.J.A.C. 5:70-2.19(A)1).
[Amended 11-27-1995 by Ord. No. 1995-20; 2-26-2001 by Ord. No. 2001-01;3-11-2002 by Ord. No. 2002-10; Amended 12-28-2009 by Ord. No. 2009-11; 12-26-2023 by Ord. No. 2023-22]
In addition to the inspections 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 (for non-life hazards). Initial application fees shall be $75.
A. 
Annual inspections of all Commercial buildings.
Square Footage
Up to 2,500
$50
2,501-5,000
$75
5,001-7,500
$100
7,501-10,000
$125
10,001-15,000
$150
15,001-20,000
$175
above 20,000
$200
Measurements shall be the exterior of the building, and shall include the total square footage of all occupied areas of all floors.
Building Common Areas
$75 per building
B. 
Multiple Family Dwellings:
1-10 units
$75
11-29 units
$100
over 30 units
$150
C. 
Fire prevention fees are due by the first of January; if not paid within ninety (90) days, a late fee equal to the amount of the original fee owed will be charged.
[Amended 7-10-1995 by Ord. No. 1995-10; Amended 12-28-2009 by Ord. No. 2009-11]
The permit fees shall be those established by the Uniform Fire Code N.J.A.C. 5:70-2.9(c).
The Fire Marshal or his representative may waive permit fees for governmental and for activities and uses by non-profit entities.
A. 
Mandatory key boxes for fire suppression and standpipe systems. When a building within the Borough of Neptune City is protected by an automatic fire suppression or standpipe system it shall be equipped with a key box (the "Key Box"). The Key Box shall be at a location approved by the Borough of Neptune City Fire Marshal. The Key Box shall be an Underwriters Laboratory ("UL") type and size approved by the Fire Marshal.
B. 
Mandatory key boxes for automatic alarm systems. When a building is protected by an automatic alarm system and/or access to or within a building, or an area within that building, is unduly difficult because of secured openings, and where immediate access is necessary for life saving or firefighting purposes, the Fire Marshal may require a Key Box to be installed at a location approved by the Borough of Neptune City Fire Marshal. The Key Box shall be a UL type and size approved by the Fire Marshal.
C. 
Key box tamper switch. The Fire Marshal may require a Key Box tamper switch connected to the building's fire alarm system.
(1) 
Security padlocks. When a property is protected by a locked fence or gate and where immediate access to the building is necessary for life saving or firefighting purposes, the Fire Marshal may require a security padlock to be installed at a location approved by the Borough of Neptune City Fire Marshal. The padlock shall be a UL type and size approved by the Fire Marshal.
(2) 
Security caps. When a building is protected by an automatic sprinkler system or standpipe system and the fire department connection is exposed to undue vandalism, the Fire Marshal may require that a Fire Department connection security cap(s) be installed. The Fire Department connection security cap(s) shall be a type approved by the Fire Marshal.
(3) 
Nonapplicability to certain dwellings. The term "building" used herein means any building or structure located in the Borough of Neptune City, whether privately or publicly owned, including, without limitation, any building owned by the Borough of Neptune City, the Neptune City Board of Education, the Neptune City Housing Authority or any other public, quasi-public, or private entity or person provided, however, that this section shall not apply to owner occupied one- and two-family dwellings.
(4) 
Rapid response key boxes. The rapid Key Boxes shall contain the following:
(a) 
Keys to locked points of egress, whether in interior or exterior of such buildings;
(b) 
Keys to the locked mechanical rooms;
(c) 
Keys to the locked elevator rooms;
(d) 
Keys to the elevator controls;
(e) 
Keys to any fence or secured areas;
(f) 
Keys to any other areas that may be required by the Fire Marshal;
(g) 
A card containing the emergency contact people and phone numbers for such building;
In addition, floor plan of the rooms within the building may be required.
(5) 
Time for compliance. All existing buildings shall comply with this section 12 months from the effective date of this section. (This section was adopted February 8, 2010.) All newly constructed buildings, not yet occupied or buildings currently under construction and all buildings or businesses applying for a certificate of occupancy, shall comply immediately.
D. 
Violations and penalties.
(1) 
Notice of violation. No building owner shall be charged with a violation of this section unless written notice of a violation personally is delivered to the building owner or is sent by regular first class mail and simultaneously by certified mail, return receipt requested to the building owner at the building owner's address as appears on the tax records of the Borough of Neptune City and the building owner then is afforded 15 calendar days (weekends and legal holidays included) from the date of this personal delivery of the notice of violation to the building owner or from the date of the mailing of the notice of violation to the building owner, as the case may be, to bring the subject building into compliance.
(2) 
Penalties. Any building owner that violates any provision of this section, upon conviction thereof shall be subject to a fine of up to $500 for each day of offense or violation. Each day that a violation continues after the 15 calendar day notification period expires shall constitute a separate offense.