[HISTORY: Adopted by the North Wildwood City Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-23-1994 by Ord. No. 1196]
[Amended 6-4-2003 by Ord. No. 1438]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c.383[1]) the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.) shall be locally enforced in the City of North Wildwood.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 2-18-2020 by Ord. No. 1794]
The local enforcing agency shall be the Bureau of Fire Prevention which is hereby created in the Department of Construction Inspection.
The Bureau of Fire Prevention shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the City of North Wildwood, other than owner-occupied one- and two-family dwellings used exclusively for dwelling purposes and other than buildings, structures and premises owned or operated by the federal government, interstate agencies or the State of New Jersey. The Bureau of Fire Prevention shall faithfully comply with the requirements of the Uniform Fire Safety Act[1] and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
A. 
The Bureau of Fire Prevention shall be under the direct supervision and control of the Fire Official, who shall report to the Public Safety Committee of the City of North Wildwood.[1]
[1]
Editor's Note: See Ch. 79, Public Safety Committee.
B. 
The Bureau of Fire Prevention shall have at least one paid inspector.
A. 
The Fire Official shall be certified by the State of New Jersey and shall be appointed by the Mayor with the advice and consent of City Council in accordance with the provisions of § 3-12, Power of appointment, of the Code of the City of North Wildwood.
[Amended 4-7-2020 by Ord. No. 1802]
B. 
Inspectors and other employees of the Bureau of Fire Prevention shall be appointed by the Mayor with the advice and consent of City Council in accordance with the provisions of § 3-12 of the Code of the City of North Wildwood.
[Amended 2-18-2020 by Ord. No. 1794]
C. 
In the absence of appointment by the Mayor and City Council of special legal counsel to represent the Bureau of Fire Prevention, the City Solicitor shall be the designated attorney to assist the Bureau of Fire Prevention in enforcing the Uniform Fire Code.
[Amended 2-18-2020 by Ord. No. 1794]
D. 
The Fire Official shall serve for a term of three years. Any vacancy shall be filled for the unexpired terms.
E. 
The Fire Official, inspectors and other employees of the agency shall be subject to removal by the Public Safety Committee of the North Wildwood City Council for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the Public Safety Committee of the North Wildwood City Council. Appeal is available under Civil Service statutes and regulations.
The local enforcing agency established by §240-2 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.
[Amended 4-4-2000 by Ord. No. 1348; 6-4-2003 by Ord. No. 1438; 9-4-2007 by Ord. No. 1524]
A. 
In addition to the registration required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth below:
(1) 
Retail stores.
(a) 
Less than 2,000 square feet: $75.
(b) 
2,001 square feet to 3,000 square feet: $85.
(c) 
3,001 square feet to 4,000 square feet: $90.
(d) 
4,001 square feet to 6,000 square feet: $135.
(e) 
6,001 square feet to 8,000 square feet: $165.
(f) 
8,001 square feet to 10,500 square feet: $210.
(g) 
10,501 square feet to 11,500 square feet: $270.
(h) 
11,501 square feet to 12,000 square feet: $285.
(i) 
Greater than 12,000 square feet: $285 plus $15 per each 1,000 square feet or portion thereof.
(2) 
Eating and drinking establishments and assembly uses with occupancy under 50 persons: $100.
(3) 
Dwelling units.
(a) 
One-, two- and three-family non-owner-occupied (occupied for any portion of year by persons other than the owner): $40;
(b) 
Four to seven units: $125;
(c) 
More than seven units: $175;
(d) 
Condominiums/townhouses: $35;
(e) 
Condominium buildings (non-life-hazard) - common areas:
[1] 
Two to nine units: $75;
[2] 
Ten to 19 units: $150;
[3] 
Twenty or more units: $195.
(f) 
All condominium units in non-life-hazard and life-hazard use buildings that do not meet the definition for Use Group R-3 (pursuant to N.J.A.C. 5:70-1.5, 17) shall be assessed a $35 per unit registration fee and each unit shall be registered as an individual property owner within these buildings.
(4) 
Hotels and motels not classified as life hazards.
(a) 
Up to six units: $125;
(b) 
Seven to 11 units: $150;
(c) 
Twelve to 30 units: $225;
(d) 
More than 30 units: $295.
B. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as retail stores.
C. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
D. 
In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
A. 
The application fees for the permits listed in N.J.A.C. 5:70-2.9(c) are as provided therein.
[Amended 9-4-2007 by Ord. No. 1524]
B. 
The cost for the issuance of a certificate of fire code status shall be $25.
[Added 3-2-1999 by Ord. No. 1317[1]; amended 6-4-2003 by Ord. No. 1438; 9-4-2007 by Ord. No. 1524; 3-16-2021 by Ord. No. 1828]
A. 
Before any one- and two-family or attached single-family 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, carbon monoxide alarm, and portable fire extinguisher compliance CSACMAPFEC, evidencing compliance with N.J.A.C. 5:70-4.19, from the appropriate enforcing agency.
(1) 
Where a municipality has existing inspection or approval requirements under a property maintenance or other municipal code, a CSACMAPFEC shall not be required; provided, however, that the agency responsible for the enforcement of that code shall not issue any certificate of inspection or occupancy or other approval under such municipal code until it has determined that the dwelling complies with the requirements of N.J.A.C. 5:70-4.19.
(2) 
Where no municipal inspection or approval requirement exists, the agency responsible for enforcement of the Uniform Fire Safety Act shall be responsible for issuance of the CSACMAPFEC.
(a) 
The Department, where it serves as the enforcing agency, may, upon application by a local fire department, delegate to that fire department the responsibility and authority for issuance of the CSACMAPFEC within the municipality, or portion of a municipality, served by that fire department.
(3) 
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 N.J.A.C. 5:70-2.9(d).
(4) 
A CSACMAPFEC shall not be transferable. If the change of occupancy specified in the application for a CSACMAPFEC does not occur within six months, a new application shall be required.
(a) 
The enforcing agency may issue a CSACMAPFEC for a seasonal rental unit for a period of up to 12 months, regardless of the number or frequency of changes in tenancy.
(5) 
No CSACMAPFEC shall be issued until inspection of the structure indicates compliance with N.J.A.C. 5:70-4.19, except as provided in Subsection B, below.
B. 
The enforcing agency, unless it is otherwise required to inspect the structure under a property maintenance or other municipal code, may accept, in lieu of inspection, a certification that one or more smoke alarms and carbon monoxide alarms, as applicable, have been installed and tested in accordance with N.J.A.C. 5:70-4.19. Such certification shall be upon forms provided by the enforcing agency.
C. 
No CSACMAPFEC or municipal certificate of occupancy shall be issued for any one- and two-family or attached single family structure, or unit therein, as the case may be, unless the structure or unit contains a carbon monoxide alarm 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. An "open parking structure," as defined in the building sub-code of the State Uniform Construction Code, shall not be deemed to be an attached garage.
[1]
Editor's Note: This ordinance replaced former § 240-9, Technical amendments, which was originally adopted as "(Reserved)" and did not contain any text.
Pursuant to Section 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 the County of Cape May.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
Enforcement and violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.
[Adopted 5-6-2003 by Ord. No. 1437]
A. 
As used in this article, the following terms shall have the meanings indicated:
AUTOMATIC FIRE SUPPRESSION SYSTEM
Fire suppression systems within a structure that electronically send a signal to a fire department, police department or central dispatch center requesting response of the fire department and/or police department and/or emergency medical technicians.
CONDOMINIUM
Means “condominium” as defined by the Condominium Act, N.J.S.A. 46:8B-1 et seq., and, specifically, as defined in N.J.S.A. 46:8B-3.
CONDOMINIUM ASSOCIATION
Means “association” as defined by the Condominium Act, N.J.S.A. 46:8B-1 et seq., and, specifically, as defined in N.J.S.A. 46:8B-3.
CONDOMINIUM UNIT OWNER
Means “unit owner” as defined by the Condominium Act, N.J.S.A. 46:8B-1 et seq., and, specifically, as defined in N.J.S.A. 46:8B-3.
DWELLING UNIT
All dwelling units within the City of North Wildwood as defined by § 276-7 of the Code of the City of North Wildwood.
KEY BOX
A box for storing keys to or for rooms or areas, access to which is capable of being locked with a key-operated lock. Such rooms or areas include, but are not necessarily limited to, dwelling units, mechanical equipment rooms, electrical rooms, elevator controls and other secured or fenced areas. Key boxes shall be approved for such use by the Underwriter’s Laboratory (UL) and by both the City of North Wildwood Fire Chief and the City of North Wildwood Fire Official.
STRUCTURE
All structures within the City of North Wildwood, as defined by § 276-7 of the Code of the City of North Wildwood, except that, for the purposes of this article, structures shall not be deemed to include Use Group R-3 and Use Group R-4 structures as defined by the International Building Code as made applicable to the City of North Wildwood by means of Chapter 228, Model Codes, Applicability of, of the Code of the City of North Wildwood nor to municipally owned structures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
STRUCTURE OWNER
The individual, firm, corporation, partnership, trust or other legal entity holding legal title to the subject structure. In the case of a structure housing condominiums, “structure owner” shall mean the condominium association or, in the event that there is no condominium association, then “structure owner” shall mean all of the condominium owners collectively.
[Amended 9-4-2007 by Ord. No. 1524; 3-16-2021 by Ord. No. 1828]
A. 
Key box required. The following structures shall be required to be equipped with a key box:
(1) 
All structures that are required by law to be equipped with an automatic fire-suppression system and/or a fire alarm system.
(2) 
All structures that are classified as falling within any of the following use groups, as said use groups are defined by the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.), as amended from time to time:
(a) 
Use Group A;
(b) 
Use Group B;
(c) 
Use Group E;
(d) 
Use Group F;
(e) 
Use Group H;
(f) 
Use Group I-1;
(g) 
Use Group M;
(h) 
Use Groups R-2, R-3 and R-4 without regard to whether the primary access to the individual units within the subject structure is obtained from a common, interior hallway or whether primary access to units located within the subject structure is not from a common, interior hallway.
(3) 
All governmental facilities, not occupied 24 hours a day, seven days a week.
B. 
Location. Key boxes shall be installed in a location that is approved by the City of North Wildwood Fire Chief and by the City of North Wildwood Fire Official.
C. 
Contents. As to each structure that is required to have a key box, the key box shall contain keys to the following:
(1) 
All dwelling units;
(2) 
All points of egress capable of being locked, whether on the interior or exterior of the structure;
(3) 
Mechanical equipment room;
(4) 
Electrical rooms;
(5) 
Elevator controls;
(6) 
Fenced or secure area;
(7) 
Any room, enclosure or area that contains fire suppression and/or fire detection/alarm equipment;
(8) 
Any other room, enclosure or area as directed by the City of North Wildwood Fire Chief or by the City of North Wildwood Fire Official.
All existing structures for which a certificate of occupancy has been issued shall be brought into compliance by the structure owner within six months of the effective date of this article and, thereafter, shall remain at all times in compliance with this article. All structures that have not been issued a certificate of occupancy shall be brought into compliance with this article by the structure owner as a condition for issuance of a certificate of occupancy and, upon issuance of a certificate of occupancy, shall remain in compliance with this article at all times.
A. 
Notice of violation. No structure owner shall be charged with a violation of this article unless written notice of a violation personally is delivered to the structure owner or is sent by regular first class mail and simultaneously by certified mail, return-receipt requested, to the structure owner at the structure owner’s address as appears on the tax records of the City of North Wildwood and the structure owner then is afforded 10 calendar days (weekends and legal holidays included) from the date of the personal delivery of the notice of violation to the structure owner or from the date of the mailing of the notice of violation to the structure owner, as the case may be, to bring the subject structure into compliance.
B. 
Penalties. Any structure owner that violates any of the provisions of this article, upon conviction thereof, shall be subject to a fine not to exceed $2,000, imprisonment for not more than 90 days, or community service for not more than 90 days, or any combination thereof, for each day of offense or violation. Each day that a violation continues after the ten-calendar-day notification period expires shall constitute a separate offense. Upon conviction, a structure owner shall be ordered to make restitution to the City of North Wildwood in an amount equal to the sum of money expended by the City of North Wildwood in connection with the providing of the written notice of violation to the structure owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]