[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; 4-9-2024 by Ord. No. 2024-001]
The local enforcement agency shall be the Bureau of Fire Prevention which is hereby created in the Borough unless otherwise provided by act of the Governing Body. The Governing Body, as authorized by law, may contract with another municipality or multiple municipalities under a shared services agreement to perform the functions of the local enforcing agency.
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.
[Amended 4-9-2024 by Ord. No. 2024-001]
A. 
In addition to the above inspections and fees required pursuant to the Uniform Fire Safety Act, the following registration and inspection fees shall be shall be paid by the business owner:
(1) 
For the purpose of this section, all business, mercantile, storage, factory, or industrial uses shall be defined pursuant to the current edition of the International Building Code and New Jersey Uniform Fire Code.
(2) 
For all uses defined as business under this section wherein there are two or more utilizing common areas or facilities within the building, the owner of the building shall be subject to a fee for the common area.
(3) 
Fees:
Type Use
(Non-Life Hazards)
Structure/Occupant/Size
(Square Footage Total)
Required Fees
(Per Registration)
Type A
0 — 3,000
$65
Type B
3,001 — 5,000
$100
Type C
5,001 and over
$250
Type D
Common Area
$75
Type V
Vacant Tenant Space
$45
(4) 
Where two or more of the same uses or different uses exist at the same building or on the same premises, each use shall be considered as separate and distinct for purpose of this section and shall be registered pursuant thereto, with the exception that, where two or more of the same uses or different uses exist at the same building or on the same premises, all of which are under common ownership, the highest same or different uses shall be registered at full fee with other uses registered at half the scheduled fee per use.
(5) 
All multiple family dwellings whereas herein defined shall be classified as Type D use and shall be subject to registration and fees as set forth herein with the exception that the full fee shall be paid for only one structure, with the remaining structures subject to a fee of half of that set forth for other Type D uses.
(6) 
Where there is a commercial space that is vacant from a tenant greater than six months, inspections shall be scheduled and conducted on a semi-annual basis. Permit fees shall be an annual Type V permit.
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.