[Adopted 8-26-1985 by Ord. No. 85-14]
[Amended 9-28-2004 by Ord. No. 2004-20]
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 et seq.)
shall be locally enforced in the Borough of Clementon.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
[Amended 2-26-1996 by Ord. No. 96-3; 12-9-2008 by Ord. No. 2008-23]
The local enforcing agency shall be the Bureau
of Fire Safety in the Borough of Clementon.
[Amended 9-28-2004 by Ord. No. 2004-20; 4-17-2018 by Ord. No. 2018-04]
The local enforcement agency shall enforce the Uniform Fire
Safety Act, N.J.S.A. 52:27D-192 et seq., and the codes and regulations
adopted under it, in all buildings, structures and premises within
the established boundaries of the Borough of Clementon, other than
owner-occupied one- and two-family dwellings used exclusively for
dwelling purposes, and buildings, structures and premises owned or
operated by the federal government, interstate agencies or the State
of New Jersey, and shall faithfully comply with the requirements of
the Uniform Fire Safety Act and the Uniform Fire Code and the supplements,
changes and addenda thereto.
[Amended 9-28-2004 by Ord. No. 2004-20]
A.
The local enforcing agency established by § 134-2 of this article 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.
B.
Non-life hazard uses. In addition to the registrations
required by the Uniform Fire Code, non-life-hazard uses shall register
with the Bureau of Fire Safety. These uses shall be inspected once
per year and pay an annual fee as set forth in this chapter.
[Amended 12-9-2008 by Ord. No. 2008-23]
[Amended 2-26-1996 by Ord. No. 96-3; 9-28-2004 by Ord. No. 2004-20; 12-9-2008 by Ord. No.
2008-23; 4-17-2018 by Ord. No. 2018-04]
The Bureau of Fire Safety in the Borough of Clementon shall
be under the supervision of the Fire Official, who shall report to
the Chairperson of the Department of Public Safety. Fees shall be
established, prescribed or changed by the Fire Official with approval
of local ordinance, to the extent necessary to defray all proper expenses
incurred by the Bureau of Fire Safety to administer the provisions
of this act, except that fees shall not be fixed at a level that will
raise amounts in excess of the amount estimated to be required. All
fees imposed under this act shall be paid to the treasury of the municipality
to which the local enforcing agency is responsible, and which shall
be appropriated by the municipality to the local enforcing agency
to pay the cost of enforcing this act.
A.
Appointment of Fire Official. The local enforcing agency established pursuant to § 134-2 of this article shall be under the supervision of a Fire Official, who shall be appointed by the governing body of the Borough of Clementon.
[Amended 9-28-2004 by Ord. No. 2004-20]
B.
Term of office. The Fire Official shall serve for
a term of one year. Any vacancy shall be filled for the unexpired
term. The Fire Official shall be removed from office during the term
of appointment only for good cause shown and only after having been
offered a hearing upon any charges before the governing body.
C.
Appointment
of Fire Inspectors; term of office. The governing body of the Borough
of Clementon shall appoint Fire Inspectors as required. The Fire Inspectors
shall serve for a term of one year. Any vacancies shall be filled
for the unexpired term. The Fire Inspector shall be removed from office
during the term of appointment only for good cause shown and only
after having been offered a hearing upon any charges before the governing
body.
[Added 12-9-2008 by Ord. No. 2008-23]
[Added 9-23-1991 by Ord. No. 91-15; amended 4-27-1998 by Ord. No. 98-6; 9-22-1998 by Ord. No. 98-13; 11-23-1999 by Ord. No. 99-12; 9-28-2004 by Ord. No. 2004-20; 12-9-2008 by Ord. No. 2008-23; 4-17-2018 by Ord. No. 2018-04]
A.
No owner shall sell, lease or otherwise permit occupancy for residential
purpose of any structure used or intended for use as a single-family
or two-family structure, without obtaining a certificate of smoke
detector, carbon monoxide alarm and portable fire extinguisher compliance
from the Fire Official/Inspector of the Borough of Clementon (CSACMAPFEC).
[Amended 7-19-2022 by Ord. No. 2022-10]
(1)
The certificate shall certify the structure has the following:
(a)
A working smoke-sensitive alarm device on each level and outside
each separate sleeping area in the immediate vicinity of the bedrooms
and located on or near the ceiling in accordance with NFPA 74 and
the supplements thereto; (N.J.A.C. 5:70-4.19) ten-year sealed battery-powered
single-station smoke alarms shall be installed and shall be listed
in accordance with ANSI/UL 217, incorporated herein by reference.
However A/C-powered single- or multiple-station smoke alarms installed
as part of the original construction or rehabilitation project shall
not be replaced with battery-powered smoke alarms. The effective date
of this subsection shall be January 1, 2019.
(b)
Carbon monoxide alarms shall be installed in all dwelling units
in buildings in one- and two-family or attached single-family dwellings,
except for units in buildings that do not contain a fuel-burning device
or have an attached garage, as follows: Single-station carbon monoxide
alarms shall be installed and maintained in the immediate vicinity
of the sleeping area(s). Carbon monoxide alarms may be battery-operated,
hard-wired or of the plug-in type and shall be listed and labeled
in accordance with UL2034 and shall be installed in accordance with
the requirements of this section and NFPA 720.
(c)
A portable fire extinguisher of 2A:10B:C rating which must be
located within 10 feet of the kitchen and near an egress to the exterior;
mounted using hanging brackets; unobstructed; tagged within the last
12 months or receipt of recent purchase.
(d)
A visible address, with a minimum of three-inch numbers or letters
of contrasting color which shall be posted on the street side of the
structure.
(2)
The
certificate shall be obtained from the Fire Official/Fire Inspector
of the Borough of Clementon.
B.
The application fee for a certificate of smoke detector, carbon monoxide
alarm and portable fire extinguisher compliance (CSACMAPFEC), as required
by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining
before the change of occupant is expected, as follows:
[Amended 7-19-2022 by Ord. No. 2022-10]
(1)
(Reserved)
(2)
Request for certification received more than 10 business days prior
to the change of occupants: $60.
(3)
Request for certification received four to 10 business days prior
to the change of occupants: $100.
(4)
Request for certification received two to four business days prior
to the change of occupants: $161.
(5)
Request for certification same day of settlement and/or one day:
$200.
(6)
Premises which fail the initial inspection shall be subject to a
reinspection fee: $35.
(7)
Certificate of fire code status form fee: $35.
C.
Any commercial, business and/or industrial properties that have dwelling
units attached shall have working smoke detectors installed and shall
have working carbon monoxide detectors outside each separate sleeping
area in the immediate vicinity of the bedrooms and shall faithfully
comply with the requirements of the Uniform Fire Safety Act, N.J.S.A.
52:27D-192 et seq., and the Uniform Fire Code. In addition, any attached
garage shall meet requirements listed above.
D.
Any commercial, business and/or industrial properties that sell,
keep, raise or breed any animals shall have working smoke detectors
installed. Said smoke detector system shall have a monitored system.
[Added 6-22-1999 by Ord. No. 99-5]
A.
It shall be unlawful to obscure from view, damage,
deface, obstruct or restrict the access to any fire hydrant or any
Fire Department connection for the pressurization of fire suppression
systems, including fire hydrants and Fire Department connections that
are located on public or private streets and access lanes or on private
property. If, upon the expiration of the time mentioned in a notice
of violations, obstructions or encroachments are not removed, the
Fire Official shall proceed to remove the same. Costs incurred in
the performance of necessary work shall be paid from the treasury
on certificate of the Fire Official and with the approval of the Borough
Council; and the Borough shall institute appropriate action for the
recovery of such costs.
B.
No person shall tamper with, connect to, turn on,
adjust, damage or attempt to tamper with, connect to, open, turn on
or adjust any fire hydrant owned by the Borough or connected to the
Borough water system. Nothing in this section shall apply to any person
authorized by the Fire Official or the Director of Public Works to
do anything to or utilize a fire hydrant.
[Amended 9-28-2004 by Ord. No. 2004-20]
C.
Fire hydrants
shall be equipped with a five-inch Storz connection with a cap from
the six-inch Rigid NPT connection on the fire hydrant and shall be
provided by the applicant of any newly installed fire hydrant at no
cost to the Borough of Clementon. Applicants shall confirm with the
Clementon Water Department as to the actual size of the National Pipe
Thread standard of the fire hydrants. A water shutoff valve box at
the base of each fire hydrant shall be installed to isolate one hydrant
if it should be placed out of service and not the entire water distribution
system.
[Added 7-19-2022 by Ord. No. 2022-10]
[Added 9-23-1991 by Ord. No. 91-15; amended 2-26-1996 by Ord. No. 96-3; 9-22-1998 by Ord. No. 98-13; 9-28-2004 by Ord. No. 2004-20; 12-9-2008 by Ord. No.
2008-23; 4-17-2018 by Ord. No. 2018-04]
B.
Additional required inspections and fees. In addition to the inspections
and fees required pursuant to the Act and the regulations of the Department
of Community Affairs, the following annual inspections, registrations,
and fees shall be required for nonlife hazard uses:
[Amended 7-19-2022 by Ord. No. 2022-10]
(1)
Places of assembly with an occupancy less than 50 without alcohol,
less than 500 square feet (Use Group A): $60 annually.
(2)
Places of assembly with an occupancy less than 50 without alcohol,
500 square feet or more (Use Group A): $70 annually.
(3)
Business establishments having a gross floor area of less than 500
square feet (Use Group B): $60.
(4)
Business establishments having a gross floor area of 500 square feet
or more but less than 3,500 square feet (Use Group B): $70 annually.
(5)
Business establishments having a gross floor area of 3,500 square
feet or more but less than 12,000 square feet (Use Group B): $160
annually.
(6)
Mercantile establishments having a gross floor area of less than
500 square feet (Use Group M): $60 annually.
(7)
Mercantile establishments having a gross floor area of 500 square
feet or more (Use Group M): $70 annually.
(8)
Mercantile establishments having a gross floor area of 3,500 square
feet or more but less than 12,000 square feet (Use Group M): $160
annually.
(9)
Factory establishments having a gross floor area of less than 3,500
square feet (Use Group F): $125 annually.
(10)
Factory establishments having a gross floor area of 3,500 square
feet or more but less than 12,000 square feet (Use Group F): $175
annually.
(11)
Apartments and condominiums, per common area (additional to
registration fees): $25 annually.
(12)
Buildings/multifamily with three to five dwelling units (units
not owner-occupied): $100 annually.
(13)
Buildings/multifamily with six to 10 dwelling units (units not
owner-occupied): $200 annually.
(14)
Buildings/multifamily with 11 or 20 dwelling units (units not
owner-occupied): $300 annually.
(15)
Buildings/multifamily with 21 or more dwelling units (units
not owner-occupied): $400 annually.
(16)
Buildings used for storage with a gross floor area of less than
1,000 square feet (Use Group S): $125 annually.
(17)
Buildings used for storage with a gross floor area of 1,000
square feet or more but less than 3,500 square feet (Use Group S):
$225 annually.
(18)
Buildings used for storage with a gross floor area of 3,500
square feet or more but less than 12,000 square feet (Use Group S):
$325 annually.
(19)
Buildings which are vacant under 2,500 square feet shall have
a standard registration fee of $60 annually.
(20)
Hotels, motels and rooming houses:
|
Number of Units
|
Fee
|
|---|---|
|
0 to 3
|
$35
|
|
4 to 8
|
$55
|
|
9 to 20
|
$90
|
|
21 to 35
|
$125
|
|
36 to 50
|
$175
|
|
51 to 80
|
$225
|
|
81 to 100
|
$275
|
|
Over 100
|
$350
|
(21)
Business occupancy with common areas (tenant space excluded):
$60.
C.
For the purpose of uniformity, use groups of all buildings contained
in this section of the Code shall be defined using the most currently
approved IFC, IBC and NJ editions. Such buildings shall be subject
to registration and periodic inspection requirements established by
this article. Where two or more fire safety uses exist at the same
building or premises, each one shall be considered as separate and
distinct for the purposes of this article and shall be registered
pursuant to the provisions of this article.
[Amended 7-19-2022 by Ord. No. 2022-10]
D.
When a building or structure is not specifically classified within
a fire safety use group, such building or structure shall be included
in the fire safety use group it most nearly resembles with respect
to the existing life and fire hazard, and it shall be so classified
by the Fire Official.
E.
The annual inspection fees of all vacant buildings shall be in accordance with the provisions under N.J.A.C. 5:70-2.7 and Clementon Fire Prevention Code § 134-9B(19).
[Amended 7-19-2022 by Ord. No. 2022-10]
F.
All fire safety uses shall be inspected annually for compliance with
the provisions of this article and the Uniform Fire Safety Act, N.J.S.A.
52:27D-192 et seq. When, in the opinion of the Fire Official, there
exist conditions likely to cause fire, contribute to the spread of
fire, interfere with firefighting operations, endanger life or violate
the provisions or intent of this article, additional inspections may
be made as often as necessary for the purpose of ascertaining these
conditions and causing them to be corrected.
G.
Exemptions. The following building or structure, if not otherwise
classified as a life hazard use with the Division of Fire Safety,
shall be exempt from registration fees and permit fees, but shall
comply with the registration application and permit requirements to
the Act.
[Added 7-19-2022 by Ord. No. 2022-10]
(1)
Municipally
owned buildings.
(2)
Fire
stations.
(3)
EMS
stations.
(4)
Houses
of worship (excluding rooms used for public assembly purposes, i.e.,
meeting halls, fellowship halls, rental halls).
(5)
Clementon
Borough civic groups, not-for-profit (i.e., athletic associations,
Boy Scouts, Little Leagues). The Fire Official shall make the determination
if a civic group meets the criteria.
H.
(Reserved)
I.
If any annual registration fee or any penalty for nonregistration
is not paid within 30 days after its stated due date, the same may
be sued for and recovered by and in the name of the local enforcing
agency in a civil action by a summary proceeding under the Penalty
Enforcement Law, N.J.S.A. 2A:58-1 et seq.,[1] in the Clementon Municipal Court.
[1]
Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9 were repealed
by L. 1999, c. 274. See now N.J.S.A. 2A:58-10 et seq.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] any person aggrieved by an order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of Camden County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208.
[Added 9-22-1998 by Ord. No. 98-13]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction thereof,
be subject to a fine not exceeding $1,000 or imprisonment for a term
not exceeding 90 days, or both, at the discretion of the Judge before
whom such defendant shall be convicted. A separate offense may be
deemed committed on each day during or on which a violation occurs
or continues.
