[Amended 9-3-2019 by Ord. No. 2019-13]
The purpose of this chapter is to implement the provisions of P.L. 1983, c. 383, known as the "Uniform Fire Safety Act," and to set forth that the Borough of Point Pleasant Beach will enforce said code through its present Fire Official. The Borough will enforce the Uniform Fire Safety Act as a result of the request by Ocean Fire Company, Point Pleasant Beach Fire Department No. 2, and the Board of Fire Officers of Point Pleasant Beach having requested and agreed to enforcement through the Borough's Fire Official.
[Ord. 1985-22, § 1; amended 9-3-2019 by Ord. No. 2019-13; 12-9-2025 by Ord. No. 2025-27]
Pursuant to Section 11 of the Uniform Fire Safety Act, P.L. 1983, c. 383 (N.J.S.A. 52:27D-203), the New Jersey Uniform Fire Code shall be locally enforced within the Borough of Point Pleasant Beach, Ocean County, New Jersey.
a. 
For the purpose of enforcing fire lane violations, the Police Department, fire police, code enforcement officers, as well as the Fire Official of the Borough of Point Pleasant Beach are hereby designated as enforcement officers for the purpose of issuing fire lane violations. The Fire Official under the direction of the New Jersey Uniform Fire Code shall designate fire lanes/zones within the Borough of Point Pleasant Beach. The Fire Official shall maintain an official list or record of all designated fire lanes within the municipality. This record shall include the location, specifications, and date of designation for each fire lane. The Fire Official is authorized to periodically review and update the official fire lane list and to add, remove, or modify designated fire lanes as needed. Any person who parks in a fire lane designated shall be subject to the penalties imposed by § 3-15 of Chapter 3.
The local enforcing agency shall be the Bureau of Fire Safety within the Borough of Point Pleasant Beach Construction Department.
The Bureau of Fire Safety of the Borough of Point Pleasant Beach 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 Borough of Point Pleasant Beach, 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 Bureau of Fire Safety established by § 15-3 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 the Department of Community Affairs, State of New Jersey.
[Ord. 1985-22, § 6; Ord. #2002-36, § 1.; amended 12-9-2025 by Ord. No. 2025-27]
The Bureau of Fire Safety established by § 15-3 of this chapter shall be part of the Borough and shall be under the supervision and control of the Fire Official.
a. 
Appointment of Fire Official. The Bureau of Fire Safety shall be under the direct supervision of the Fire Official pursuant to the Uniform Fire Code. The Fire Official, for the purposes of organization structure, shall report to the Construction Official. In the event the Fire Official also serves as the Construction Official, the Bureau of Fire Safety shall be under the direct supervision of the Business Administrator.
b. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the Bureau of Fire Safety shall be appointed by the Mayor and Council upon the recommendation of the Fire Official and shall be certified by the Department of Community Affairs. Said inspectors of the enforcing agency shall be subject to removal for inefficiency or misconduct. Each inspector or employee to be removed shall be afforded an opportunity to be heard by the appointing authority or the designated hearing officer.
[Amended 9-3-2019 by Ord. No. 2019-13]
Pursuant to Section 15 (N.J.S.A. 52:27D-206) and Section 17 (N.J.S.A. 52:27D-208) of the Uniform Fire Safety Act, any person aggrieved by any order of the Bureau of Fire Safety shall have the right to appeal to the Construction Board of Appeals of the County of Ocean.
[Ord. 1985-22, § 8; Ord. #1989-10, § 1; Ord. #2003-42, §§ 1,2; Ord. #2008-05, § 1; Ord. #2010-10, § 3; Ord. #2011-20; amended 9-3-2019 by Ord. No. 2019-13; 3-15-2022 by Ord. No. 2022-03; 12-9-2025 by Ord. No. 2025-27]
In addition to the inspection and fees required pursuant to the Act and regulations of the Department of Community Affairs, Division of Fire Safety and the Uniform Fire Act, the fees already established within the Borough of Point Pleasant Beach are hereby ratified and reaffirmed. All structures, occupancies, businesses, multifamily dwelling and non-owner-occupied one- and two-family dwellings shall register and submit appropriate fees. Registrations shall be required annually, be valid from a period of January 1 to December 31 with fees paid within 30 days of invoice date.
a. 
All structures owned or operated by the Borough of Point Pleasant Beach or any other government agency shall be inspected annually. Registration is required. There is no fee for registration.
b. 
Annual registration and fee costs will be $65. A $50 late fee will be assessed if payment is not received within 30 days of the date of the invoice. An annual inspection is required for all occupancies not defined as a life hazard use in the Uniform Fire Code or exempted.
c. 
Annual registration and fee cost will be $110. A $50 late fee will be assessed if payment is not received within 30 days of the date of the invoice. An annual inspection is required for the following uses:
1. 
Storage building not defined in other types of life hazard uses.
2. 
A marina facility shall pay above fee plus an additional $5.50 for each slip.
d. 
The fee for an inspection and certificate shall be $90. Said certificate, once issued, will be valid for a period of 180 days. If a reinspection is required, a fee of $50 will be charged and a new inspection date will be scheduled. The sale of any residential dwelling unit not classified as a multiple dwelling pursuant to N.J.S.A. 55:13A et seq. shall apply for a Certificate of Residential Re-Sale.
The inspection and certificate shall show compliance with the following:
1. 
Smoke alarms, installed and maintained in compliance with the applicable code in effect at the time of building construction and or modification.
2. 
Carbon monoxide alarm, installed and maintained in compliance with the applicable code in effect at the time of building construction and or modification.
3. 
A portable fire extinguisher rated for a minimum of 2A:10BC but no heavier than 10 pounds.
4. 
All secondary power sources (generators, photovoltaic, backup batteries) shall be properly labeled.
5. 
No open construction permits.
e. 
All multiple-family dwellings of Use Group R-2, as defined in the New Jersey Uniform Construction Code, shall require fees as shown below:
1. 
Annual registration fee for the common area: $65.
2. 
Annual registration fee for each dwelling unit: $10.50.
A $50 late fee will be assessed if payment is not received within 30 days of invoice date.
[Ord. 1985-22, § 9; Ord. #2002-21, § 1; Ord. #2003-33, § 1; amended 9-3-2019 by Ord. No. 2019-13; 12-9-2025 by Ord. No. 2025-27]
a. 
The permit fee schedule shall be:
Type 1
$75.00
Type 2
$280.00
Type 3
$560.00
Type 4
$840.00
b. 
Exception: There shall be no fee for Type 4 permits for storage or activity at a premises registered as a life hazard use in accordance with this chapter.
[Amended 9-3-2019 by Ord. No. 2019-13]
The current codes as adopted by the State of New Jersey and the Borough of Point Pleasant Beach are available for review on the New Jersey Division of Fire Safety website and in the office of the Point Pleasant Beach Bureau of Fire Safety by appointment.
[Added 12-9-2025 by Ord. No. 2025-27]
[1]
Editor's Note: Former § 15-12, Amendments, was repealed 9-3-2019 by Ord. No. 2019-13. Prior history includes: Ord. 1970-23; Ord. 1982-2, § 1; Ord. 1982-9, §§ 1–6; Ord. 1984-34, § 1; Ord. 1985-22, § 10; Ord. #2013-40.
[Added 12-9-2025 by Ord. No. 2025-27]
The purpose of this section is to require accountability from the sellers of lithium batteries and owners of powered mobility businesses within the Borough of Point Pleasant Beach under the direction of the Bureau of Fire Safety by establishing a system of registration and imposition of fees for the prohibited sale of second-use lithium batteries in order to protect public health, safety and general welfare of the citizens. The Bureau of Fire Safety shall create a registration program and database cataloging each owner of a business which sells or rents lithium-ion batteries for powered mobility devices, sellers of powered mobility devices, and any business which provides charging services for powered mobility devices, or stores lithium batteries in quantities deemed hazardous by the Bureau of Fire Safety.
[Added 12-9-2025 by Ord. No. 2025-27]
LITHIUM-ION BATTERY
A storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.
POWERED MOBILITY DEVICES
Battery-powered transportation devices, including but not limited to E-bikes, E-scooters, and other similarly powered mobility devices.
RETAIL STORE
Business establishment that sells or repairs mobility devices, E-bikes, E-scooters, and replacement batteries to consumers.
SECOND-USE LITHIUM-ION BATTERY
Is a lithium-ion battery that has been assembled, repurposed, reconditioned or renewed using cells removed from used batteries.
SPECIALIZED BIKE RETAILER (or BIKE SHOPS)
Retail stores within that exclusively sell powered mobility devices, related equipment and accessories, including but not limited to E-bikes, E-scooters, replacement batteries, and battery chargers.
STORAGE BATTERY
A secondary battery in which an ion (H+ from H2O in the nickel-metal hydride system, Li+ in the lithium-ion system) shuttles back and forth between anode and cathode during charge and discharge cycling, without requirement from other reactants.
UNREGULATED LITHIUM-ION BATTERY
Is a lithium-ion battery in a mobility device such as an electric bicycle or scooter that is not listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark).
[Added 12-9-2025 by Ord. No. 2025-27]
a. 
No person shall distribute, sell or offer for sale:
1. 
A second-use lithium-ion battery;
2. 
A lithium-ion battery for a powered mobility device unless it has been listed and labeled by the Underwriters' Laboratory or other national organization as recognized by the National Fire Protection Association, and such labeling is disclosed on the battery or on packaging for such battery.
b. 
No person shall assemble or recondition a lithium-ion battery using cells removed from used storage batteries.
c. 
Each noncompliant battery shall constitute a separate violation.
[Added 12-9-2025 by Ord. No. 2025-27]
a. 
The sale of batteries for mobility devices such as electric bicycles or scooters is prohibited unless such batteries have been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark).
b. 
Retail stores and specialized retail stores shall be prohibited from maintaining any unregulated lithium-ion batteries within its inventory.
[Added 12-9-2025 by Ord. No. 2025-27]
a. 
Within 30 days after the effective date of the ordinance, any business which sells, stores or rents lithium-ion batteries and powered mobility devices, including scooters and bicycles, or a business which provides charging services for powered mobility devices, shall file a registration statement for such business with the Bureau of Fire Safety. The registration shall remain valid for one year. The owner shall be required to renew the registration annually on January 1st of each year.
b. 
The owner of the business that sells, stores or rents lithium-ion batteries or powered mobility devices, or provides charging services for powered mobility devices shall notify the Bureau of Fire Safety within 30 days of any change in the registration information by filing an amended registration statement on a form for such purpose.
c. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough of Point Pleasant Beach against the owner or owners of the property and business.
d. 
Registration pursuant to this section shall contain the following information:
1. 
The name of the business owner, property owner and, if applicable authorized agent or representative;
2. 
The direct mailing address of the business owner, property owner and, if applicable authorized agent or representative;
3. 
A direct telephone number for the business owner, property owner and authorized agent or representative;
4. 
E-mail address for the business owner, property owner and authorized agent or representative;
5. 
The name and 24-hour contact telephone number of a representative of the local property management company responsible for the security and maintenance of the property; and
6. 
A certificate of insurance in compliance with N.J.S.A. 40A:10A-1.
e. 
Each registration shall be submitted either upon forms prescribed and furnished by the Bureau of Fire Safety or through a web-based or online registration portal in accordance with the Bureau's specifications and be accompanied by the fee for initial inspection specified.
f. 
Upon receipt of a complete registration application, the Bureau of Fire Safety shall issue the seller a certificate of registration or permit which shall be valid for one year. The seller shall prominently display the certificate of registration or permit in their place of business and may be required to provide any proof of registration to any municipal official seeking to confirm compliance with this section.
g. 
Any seller holding a certificate of registration shall be subject to inspections by the Division of Fire.
[Added 12-9-2025 by Ord. No. 2025-27]
a. 
Specialized bike retailers are prohibited from selling any powered mobility devices, E-bikes, E-scooters, and/or replacement lithium-ion batteries for any such mobility devices that have not been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark).
b. 
Specialized bike retailers shall install a fire-resistant metal storage cabinet of sufficient size to hold as many E-bike batteries as in stock. The cabinet is required to have self-closing, self-latching doors with flame-arresting vents.
c. 
All lithium-ion batteries stored in a specialized bike retailer are to be stored in the fire-resistant cabinet at all times except when the battery packs are being charged for delivery to customers.
d. 
Specialized bike retailers are prohibited from charging any lithium-ion batteries while they are stored inside the fire-resistant storage cabinet. Lithium-ion batteries are only permitted to be charged immediately prior to delivery to the customer.
e. 
Specialized bike retailers are required to have a monitored fire alarm system. If the building is more than one story or of a mixed-use occupancy, the monitored fire alarm system shall extend into the common areas of the building and basement.
f. 
Specialized bike retailers shall not store, charge or resell damaged lithium-ion batteries.
[Added 12-9-2025 by Ord. No. 2025-27]
a. 
Powered mobility devices shall be charged in a suitable indoor room or area or outdoor location that:
1. 
Has sufficient natural or mechanical ventilation in accordance with applicable codes to prevent the accumulation of any flammable or other gases that may be discharged during normal charging operations;
2. 
Has an adequate electrical supply and a sufficient number of electrical receptacles, approved by the Construction Official, to allow the charging equipment for each device to be directly connected to a receptacle. Extension cords and power strips shall not be used. A minimum of two feet shall be maintained between each device during charging operations;
3. 
Is not used for the storage of combustible materials, combustible waste or hazardous materials;
4. 
In premises used by sellers of batteries or powered mobility device businesses:
(a) 
Is separated by a fire barrier with a minimum two-hour fire-resistance rating from other areas;
(b) 
Is protected by either a fire sprinkler system or equipped with a fire alarm system; and
(c) 
Includes a thirty-two-gallon galvanized pail that is filled with water, an eight-foot-by-eight-foot fireproof blanket and a Cell Block HazMat lithium-ion battery containment device in the immediate vicinity of the lithium-ion battery charging cart.
5. 
In all other premises;
(a) 
Is separated by a fire barrier with a minimum two-hour fire-resistance rating from other areas;
(b) 
Is protected by either a fire sprinkler system or equipped with a fire alarm system.
6. 
If the ambient temperature of the room during battery charging operations exceeds the limitations set forth in the manufacturer's instructions or the equipment listing, the room or area shall be temperature controlled to prevent over-heating or other unsafe battery condition; and
7. 
Is provided with a portable 20-pound ABC fire extinguisher.
b. 
Battery packs and other removable batteries shall not be stacked or charged in an enclosed cabinet (unless the cabinet is specially designed and approved by the Bureau for such purpose).
c. 
Sellers of lithium batteries and powered mobility device business owners shall maintain records of lithium-ion batteries and powered mobility devices in their possession showing the date, place and manner of disposal.
d. 
The owner of a damaged or overheated lithium-ion battery or powered mobility device shall notify the Bureau of Fire Safety and shall follow the instructions of the Bureau pending its response. The owner shall be responsible for the cost of the safe disposal of any battery or powered mobility device and shall reimburse the Borough for the cost of disposing of any battery or device requiring disposal by the Bureau of Fire Safety.
e. 
It shall be unlawful to charge or store a battery for a powered mobility device or to store a powered mobility device within the common areas, basements or dwelling units of any multi-family residential property, containing three or more dwelling units or in a non-residential use below a residential use unless it meets the conditions of this section and any other applicable code.
[Added 12-9-2025 by Ord. No. 2025-27]
a. 
Lithium-ion batteries shall not be disposed of:
1. 
By depositing as solid waste in ordinary non-designated trash or recycling receptacles;
2. 
Redistributing or selling in used devices or as new or used lithium-ion batteries.
b. 
Sellers of lithium batteries shall have a vendor or person on record qualified to handle clean-up or battery disposal or removal.
[Added 12-9-2025 by Ord. No. 2025-27]
a. 
The Point Pleasant Beach Bureau of Fire Safety shall be responsible for performing inspections of all specialized bike retailers within the Borough every three months.
b. 
The Bureau of Fire Safety or duly authorized officer or official by the Fire Official shall have the authority for the enforcement of all aspects of this article.
[Ord. #1987-7, § 2.; amended 8-15-2023 by Ord. No. 2023-11; 12-9-2025 by Ord. No. 2025-27]
Any violation of the provisions of this chapter shall be punishable as provided in Chapter 3, Section 3-15, Penalty. Each violation of this chapter shall constitute a separate violation independent of any other section or any order issued pursuant to this chapter. Each day's failure to comply with this section or subsection shall constitute a separate violation.
[Former § 15-14, Fire Lanes, was repealed 12-9-2025 by Ord. No. 2025-27. Prior history includes: Ord. #1985-16; Ord. #1988-6; Ord. #2003-25, § 1; Ord. #2005-34, § 1; Ord. #2013-40; Ord. #2014-14; Ord. #2016-17; Ord. No. 2017-19; 8-7-2018 by Ord. No. 2018-10; 9-3-2019 by Ord. No. 2019-13.]
The purpose of the within subsection is to protect the health, safety and welfare of the residents of the Borough of Point Pleasant Beach by the establishment of regulations to prohibit docking of boats along certain street ends which are fire lanes potentially serving for the drafting of water to service the Borough's fire departments.
It shall be unlawful for any individual, firm, partnership or corporation to secure a boat or watercraft to the bulkhead in the Borough of Point Pleasant Beach located upon the following street ends:
Baltimore Avenue at Wills Hole Thoroughfare
Boston Avenue at Lake Louise
Boston Avenue at Wills Hole Thoroughfare
Cedar Avenue at Manasquan River
Harvard Avenue at Lake Louise
St. Louis Avenue at Wills Hole Thoroughfare
These areas are to be appropriately marked "No Docking, Fire Lane - Drafting Area" so that they are visible from the water and land sides.
Any person who violates one or more subsections of this section shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days.