[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]
A. 
Permit fees. The permit fees established by the Uniform Fire Code shall be as follows:
(1) 
Type 1: $54.
(2) 
Type 2: $214.
(3) 
Type 3: $427.
(4) 
Type 4: $641.
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.