[Adopted by Ord. No. 10-1985 (§ 11-1 of the Revised General Ordinances), as amended
through Ord. No. 10-2002]
A.
The Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) was enacted
for the purpose of establishing a system for the enforcement of minimum
fire safety standards throughout the State of New Jersey.
B.
The Uniform Fire Safety Act authorizes municipalities to provide
for local enforcement of this law and to establish local enforcement
agencies (LEAs) to accomplish that purpose.
C.
The Mayor and Council hereby determines it is in the best interest
of the Borough of Spring Lake to have the Uniform Fire Safety Act
enforced on a local basis.
D.
The members of Spring Lake Fire Company No. 1 and Goodwill Fire Company
No. 2 agree to the plan, which is set forth herein, for the administration
and enforcement of the New Jersey Uniform Fire Safety Act and the
Uniform Fire Code.
Pursuant to the applicable provisions of the Uniform Fire Safety
Act, the New Jersey Uniform Fire Code shall be locally enforced in
the Borough of Spring Lake.
[Amended 2-27-2018 by Ord. No. 2018-01]
The local enforcement agency shall be the Belmar Bureau of Fire
Prevention.
The Bureau of Fire Prevention of the Borough of Spring Lake
shall enforce the Uniform Firm Safety Act and the codes and regulations
adopted under it in all buildings, structures and premises within
the established boundaries of the Borough of Spring Lake, other than
those owner-occupied structures in Use Group R-3, as defined in the
Uniform Fire Code, and shall faithfully comply with the requirements
of the Uniform Fire Safety Act and Uniform Fire Code.
The Bureau of Fire Prevention of the Borough of Spring Lake established by § 180-17 shall carry out the periodic inspection of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs.
The local enforcing agency established by § 180-16 of this article shall be a part of the Spring Lake Fire Department and shall be under the supervision of the Fire Official who shall report to the Fire Chief.
A.
Appointment of Fire Official. The Bureau of Fire Prevention shall
be directed by a Fire Official who shall be appointed by the Mayor
with the advice and consent of the Borough Council. In any event said
appointment by the Mayor and Council shall be made only after consultation
with the Fire Chief and further upon the recommendation of the line
officers of Spring Lake Fire Company No. 1 and Goodwill Fire Company
No. 2 of the Spring Lake Fire Department. If the individual submitted
by the Fire Chief to the Mayor and Council is deemed unsatisfactory
to the Mayor and Council, then they shall notify the Fire Chief of
this fact, and the Fire Chief shall submit another name and recommendation
for this position. This process shall be continued until an individual
who is acceptable to both the Fire Company and the Mayor and Council
has been named and approved.
B.
Term of office. The Fire Official shall serve for a term of four
years. 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 Mayor and Borough Council.
C.
Inspectors and employees. Such inspectors and other employees as
may be necessary in the local enforcement agency shall be appointed
by the Mayor with the advice and consent of the Borough Council and
the Fire Official for a one-year term.
D.
Removal from office. Inspectors and other employees of the enforcing
agency shall be subject to removal by the Mayor for inefficiency or
misconduct. Any inspector or employee sought to be removed shall be
afforded an opportunity to be heard by the appointing agency or a
designated hearing officer.
E.
Any complaint for removal filed by the Fire Chief or the line officers
for inefficiency or misconduct shall be given great weight by the
Mayor and Council in so determining whether to remove an inspector
or other employee. This weight shall rise to the level of a presumption
which may be rebutted by the charged official.
F.
The Mayor and Council may appoint an Alternate Fire Official under
the same terms and procedures prescribed for the appointment of the
Fire Official. The Alternate Fire Official shall be authorized to
act and exercise the powers and authority of the Fire Official in
the event of the disability, unavailability or absence of the Fire
Official.
[Added 2-9-2009 by Ord.
No. 2009-004]
Pursuant to N.J.A.C. 5:70-2.19 of the Uniform Fire Code, any
person aggrieved by any order of the local enforcement agency shall
have the right to appeal to the Construction Board of Appeals of Monmouth
County.
The Borough Prosecutor shall serve as legal counsel to the Bureau
of Fire Prevention.
The following shall apply to all additional use classifications
not defined as life hazard uses. In addition to the inspections and
fees required pursuant to the Uniform Fire Safety Act (P.L. 1983,
c. 388) and the regulations promulgated thereof, the following additional
inspections and fees shall be required for all premises except life
hazard uses as defined in Subchapter 1 of the New Jersey Uniform Fire
Code (N.J.A.C. 5:70-1.5 et seq.). All inspections shall be conducted
annually unless otherwise specified. Measurements shall be of the
exterior of the building, and shall include the total square footage
of all occupied areas on all floors.
B.
Use Group B (business occupancies): $45 for the first 1,000 feet;
$5 for each additional 1,000 feet or fraction thereof.
(1)
Condominium ownership: $25 per unit with a maximum fee of $200 per
building. Fee includes all common areas.
C.
Use Group E (educational occupancies).
(1)
Uses with a permitted occupancy of less than 50 persons: $45.
D.
Use Group F (factory or industrial occupancies).
(1)
Fabrication, assembly, or processing of products or materials: $45
for the first 1,000 square feet; $10 for each additional 1,000 square
feet or fraction thereof.
E.
Use Group I (institutional occupancies).
(1)
Day nurseries, day-care centers with a maximum occupancy of less
than 6 persons: $45.
F.
Use Group M (mercantile occupancies): $45 for the first 1,000 square
feet; $5 for each additional 1,000 square feet or fraction thereof.
G.
Use Group R (residential occupancies).
(1)
Hotels, motels, bed-and-breakfasts, guesthouses, boardinghouses,
with occupants who are transient in nature and staying less than 30
days: $45.
(2)
Condominium ownership: $25 per unit with a maximum fee of $200 per
building. Fee includes all common areas except for assembly areas.
(3)
Multiple dwellings having more than two dwelling units, including
guesthouses, boardinghouses, etc., with occupants staying longer than
30 days: $45 for the first three units; $5 for each additional unit.
Fee includes all common areas, except for assembly areas.
H.
Use Group S (storage occupancies).
(1)
Storage of goods, wares, merchandise, etc.: $45 for the first 1,000
square feet; $5 for each additional 1,000 square feet or fraction
thereof.
I.
Mixed use occupancies (example: mercantile/residential, business/residential).
J.
Fire protection systems; periodic inspections and tests.
(1)
Inspections and field tests of fire suppression systems, extinguishing
systems, standpipe systems, alarm/detection systems, and other fire
protection systems, devices and equipment shall be conducted by the
owner or an authorized representative.
(2)
A copy of the inspection report shall be forwarded to the Fire Official
of the Borough of Spring Lake.
All permit fees for the following permits shall be established
by the Uniform Fire Code: Type 1, Type 2, Type 3, Type 4 and Type
5, N.J.A.C. 5:70-2.9. The Fire Official may waive permit fees for
governmental and bona fide nonprofit activities and uses.
All penalties as set forth in the Uniform Fire Safety Act and
in the Uniform Fire Code shall be adopted by the local enforcing agency
for the purpose of enforcing this article.
When an owner has been given notice of the existence of a violation
and has not abated the violation, he or she shall, in addition to
being liable to the penalty provided for by N.J.A.C. 5:70-2.12, be
liable to a dedicated penalty in the amount assessed pursuant to subsection
N.J.A.C. 5:70-2.12A.
A.
Fire reports: $5 for the first page; $2 each additional page.
B.
Variance application: $50.
C.
Appeal application: $50.
D.
Certificate of Fire Code status: $15.
E.
Reinspection: $15 per inspection.
F.
Inspection fee late charge: $5 if more than 15 days delayed; additional
late fee of $5 shall be charged for each 15 days thereafter, when
the payment is delinquent.