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.
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.
[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.