[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.
|
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.
RESIDENTIAL RENTAL UNIT
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:
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:
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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.
