[HISTORY: Adopted by the City Council of the City of Long Branch
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-1988 by Ord. No. 14-88]
The words and terms as defined in N.J.S.A. 55:13A-1 et seq. and N.J.A.C.
5:10-21 et seq. are incorporated herein by reference.
A.
Each single- or two-family dwelling in the City of Long
Branch shall have installed therein a minimum of one single station or battery-operated
smoke detector/alarm installed and maintained on each level of the home and
within 10 feet of each sleeping area within the dwelling. The detectors in
these dwellings must meet the minimum requirements of the appropriate National
Fire Protection Association (NFPA) standard upon sale or change of use.
[Amended 2-23-1999 by Ord. No. 10-99]
B.
It shall be the responsibility of the owner of an owner-occupied
single-family dwelling and the responsibility of the residents (tenants or
occupants) of a two-family dwelling to inspect and clean all smoke detector/alarm
units located in their residence and replace batteries therein at least annually
or as otherwise required per the manufacturer's printed recommendations.
C.
The owner, tenant or occupant of a one- or two-family
dwelling unit shall perform a monthly testing of the detector/alarm units
and maintain them as per the manufacturer's recommendations.
Every owner, tenant or occupant of a hotel, motel, rooming or boarding
home or multifamily dwelling shall comply with all rules, regulations, obligations
and responsibilities pertaining to the installation, maintenance and repair
of smoke detectors and smoke alarms as required in N.J.S.A. 55:13A-1 et seq.
and N.J.A.C. 5:10-25.1 et seq., which are incorporated herein by reference.
Any person, firm or corporation found guilty in the Municipal Court of the City of Long Branch of a violation of the terms of this article shall be subject to a minimum fine per violation for a first offense of § 100-2 of this article of $250. The minimum fine for a second offense of § 100-2 shall be $500. The minimum fine for a third offense of § 100-2 shall be $1,000 or imprisonment for a period not exceeding 90 days, or both, in the discretion of the Municipal Court Judge.
[Adopted 12-12-1995 by Ord. No. 44-95]
As used in this article, the following definitions will have the meanings
indicated:
Any alarm placed by any means or any alarm transmitted to police
headquarters via any means.
A.
Any person who desires to own, operate, lease or maintain
an alarm system in the city shall file a registration application, in writing,
with the Fire Official of the City of Long Branch on a form provided by the
Fire Prevention Bureau. The application shall contain at least the location
of the alarm system, the name and address of the installer of the device,
the type of device, information relating to false alarms and the method of
resetting the system and test procedures; a list of names, addresses and telephone
numbers of persons to be contacted in the event of alarm, at least one of
whom shall have an address of and phone number different than the registrant;
and such other information as may be required by the Fire Prevention Bureau.
Fire alarm systems having key pad controls shall use the code "1325" for the
reset feature. It shall be the registrant's affirmative obligation to
file a written amendment with the Fire Official within 10 days of the change
of any information contained in the registration application.
B.
The Fire Official shall issue a registration certificate
for ownership, operation or maintenance of an alarm system to any person desiring
to own, operate, lease or maintain an alarm system if the Fire Official is
satisfied that the registration information is complete and that the alarm
system is capable of being operated in conformance with this article. The
registration certificate may be granted subject to any special conditions
stated thereon, if this is deemed necessary by the Fire Official.
C.
A registration certificate shall be valid for as long
as the registrant occupies the premises for which the certificate has been
issued, provided that all required amendments thereto have been filed. A registration
certificate shall automatically terminate upon a change in occupancy for the
premises for which the certificate was issued.
D.
A fee of $10 will be charged for the registration of
each system. A change in ownership or tenant will require a new registration
and fee.
The provisions of this article shall apply to any person who owns, operates,
leases or maintains any alarm system situated in the city if the alarm system
has an audible signaling device or a device which requires a response by the
Fire Department or other city agency. The provisions to this article shall
in no way prohibit any person or entity authorized to do so from providing
service by private source to persons within or without the city, so long as
such activity is not in violation of this article, and provided further that
any person owning, operating, leasing or maintaining a premises protected
by an alarm system shall be responsible for the registration thereof in accordance
with this article.
All components of an alarm system shall be maintained in good repair
and shall operate in a proper manner. When evidence exists that there has
been failure to comply with the maintenance and operation requirements of
this section, the Fire Official shall then be authorized to demand that such
alarm system be restored in good working condition, in a reasonable time.
The Fire Official shall have the right to disconnect any malfunctioning
equipment from any alarm system until such time as the malfunction has been
corrected and the alarm system is operating in accordance with the provisions
of this article.
The Fire Official shall have the authority to promulgate written rules
and regulations, subject to the approval by a resolution adopted by the Mayor
and Council of the city, which rules and regulations shall supplement this
article, and provide for recordkeeping and the efficient operation and management
of alarm systems in the city.
In the case of a false alarm, any person having knowledge thereof shall
immediately notify the Department in a manner to be prescribed by the Fire
Official. In addition, in case of false alarms, the Fire Official shall cause
an investigation to be made and shall keep a record of said alarm on file.
For such false alarms, the following minimum penalties are prescribed:
A.
For the first, second and third false alarm in any given
calendar year, a warning shall be issued.
B.
For the fourth or any subsequent false alarms in the
same calendar year, a summons will be issued, and a fine set forth in the
following schedule shall be paid to the Fire Prevention Bureau.
C.
Where the investigation of the Fire Official discloses
a continued disregard by the owner for remedial steps for avoiding false alarm,
or for continued failure to maintain or operate an alarm system, the Fire
Official shall have the right to assess daily penalties of $200 under the
provisions of the New Jersey State Uniformed Fire Code. The owner shall be
given an opportunity to show cause before the Fire Official why such action
should not be taken. A person aggrieved by the decision of the Fire Official
shall have the right to appeal the decision to the Director of Public Safety.
D.
Any unauthorized equipment pertaining to an alarm system
may be ordered to be disconnected by the Fire Official for noncompliance with
this section. Any placing, installing or maintaining unauthorized equipment
or failing to file a required registration application or amendment thereto
shall be in violation of this section and shall be subject to a fine not to
exceed $100, which shall be paid to the City of Long Branch Bureau of Fire
Safety. Each day such equipment is installed or maintained shall be considered
a separate violation. Any person placing, installing or maintaining any alarm
system shall be deemed as having consented to inspection of the premises on
which the alarm system is installed or maintained at reasonable hours by the
Fire Official or his designated representative.
