Township of Colts Neck, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 2-24-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Fire department — See Ch. 28.
Insurance — See Ch. 142.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) and more particularly, N.J.A.C. 5:71-2.2 and 2.3, there is hereby created a Fire Prevention Bureau within the Township of Colts Neck for the purpose of enforcing the provisions of the Uniform Fire Safety Act and the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) at the local government level by the Township of Colts Neck.
As used in this chapter, all words shall be defined as set forth in the Uniform Fire Safety Code, and as more particularly set forth in N.J.A.C. 5:70-1.5 and N.J.A.C. 5:71-1.4.
The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Colts Neck, 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 and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcement agency established by § 29-1 shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
The local enforcement agency established by § 29-1 shall be the Fire Prevention Bureau, which shall consist of the Fire Official (Chief of the Bureau) who shall report to the Township Administrator and any other inspectors as may be necessary to complete inspections in a timely manner. Also, the Fire Prevention Bureau shall consist of any secretarial or clerical staff as may be needed. Additional inspectors and staff must have the prior approval of the Township Committee.
A. 
The local enforcement agency shall be under the direct administrative supervision and control of the Fire Official who shall be appointed by the Mayor and Township Committee. The Fire Official shall serve a term of three years.
B. 
The Fire Official and any fire inspectors under his supervision shall be certified by the state.
C. 
In addition to the duties required pursuant to N.J.A.C. 5:71-3.3, the Fire Official (Chief of the Bureau) shall be responsible for the daily operations of the Fire Prevention Bureau and shall inspect all structures and premises, except one- and two-family owner-occupied dwellings, as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with fire apparatus, endanger life or violate any of the provisions or the intent of the New Jersey Uniform Fire Code or any Ordinance in the Code of the Township of Colts Neck affecting fire safety.
D. 
The Fire Official shall also serve as Fire Marshall for the Township of Colts Neck and shall investigate every reported fire occurring within the jurisdiction that involves the loss of life or serious injury or caused damage to property. Such investigation shall be initiated upon occurrence of such fire incident.
E. 
Fire inspectors and other employees as may be necessary for the local enforcement agency to properly carry out its responsibilities shall be appointed by the governing body upon the recommendation of the Fire Official. All life-hazard use inspectors shall be certified by the state.
F. 
The Fire Official, inspectors and other employees of the agency shall be considered public employees and subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by same.
A. 
The permit fees established by the New Jersey Uniform Fire Code, as established in N.J.A.C. 5:70-2.9, shall be followed.
B. 
Fees for nonprofit and government bodies and organizations may be waived upon the recommendation of the Township Committee of the Township of Colts Neck or its designee.
[Amended 2-24-2016]
C. 
In addition to the inspections and fees required for life-hazard uses pursuant to the Uniform Fire Safety Act and the regulations of the Department of Community Affairs, the following inspections and fees are required for non-life-hazard uses and shall be carried out by the Fire Prevention Bureau:
(1) 
Mercantile businesses shall be inspected yearly, or at change in title or tenancy, with a per visit fee schedule of:
(a) 
Thirty-five dollars for the first 1,000 square feet.
(b) 
Five dollars for each additional 1,000 square feet.
(2) 
Factories, light industrial or commercial uses shall be inspected yearly, or at change in title or tenancy, with a per visit fee schedule of:
(a) 
Forty dollars for the first 1,000 square feet.
(b) 
Fifty dollars for 1,001 square feet to 3,500 square feet.
(c) 
Sixty dollars for 3,501 square feet to 6,000 square feet.
(d) 
Seventy dollars for 6,001 square feet to 10,000 square feet.
(e) 
Eighty dollars for excess of 10,000 square feet.
(3) 
Warehouses shall be inspected yearly, or at change in title or tenancy, with a per visit fee schedule of
(a) 
Forty dollars for the first 2,000 square feet.
(b) 
Fifty dollars for 2,001 square feet to 5,000 square feet.
(c) 
Sixty dollars for excess of 5,000 square feet.
(4) 
Repair shops and service businesses shall be inspected yearly, or at change in title or tenancy, with the same fee schedule as that pertaining to mercantile businesses.
(5) 
Business offices (lawyers, doctors and other professional offices, barbershops and insurance offices) shall be inspected yearly, or at change in title or tenancy, with the same fee schedule as that pertaining to mercantile businesses. In cases where more than one business occupies one building, each business will be subject to the inspection and fee schedule as that pertaining to mercantile businesses.
(6) 
All other types of structures and facilities not otherwise described or included in this section shall be inspected yearly, or at change in title or tenancy, with the same fee schedule as that pertaining to mercantile businesses.
(7) 
Inspections of smoke detectors in all R-3 dwellings (as per the Uniform Fire Code) shall occur at change in title or tenancy with a per visit fee schedule of:
(a) 
Thirty-five dollars for a residence up to 3,500 square feet.
(b) 
Five dollars for each additional 1,000 square feet.
(c) 
Not to exceed a maximum of $75.
(8) 
Temporary mobile retail food establishments. The Fire Marshal may inspect temporary mobile retail food establishments at any time during the duration of the fire safety permit. A temporary mobile retail food establishment may apply for a one-day fire safety permit or a ninety-day extended fire safety permit. The application for a ninety-day extended permit must clearly state the specific dates and locations the temporary mobile retail food establishment will be operating. The ninety-day extended fire safety permit shall be attached to a specific vehicle or temporary mobile retail food establishment. Vendors with multiple vehicles shall obtain separate ninety-day fire safety permits for each vehicle used. The fee for a temporary mobile retail food establishment fire safety permit shall be as follows:
[Added 9-25-2019 by Ord. No. 2019-18]
(a) 
One-day permit: $54.
(b) 
Ninety-day extended permit: $400.
(Reserved)
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the local Construction Board of Appeals. If no such body exists, appeals shall be made to the county Construction Board of Appeals.
Enforcement, violations and penalties shall be assessed, levied and collected as set forth in the Uniform Fire Safety Act, the Uniform Fire Code (more particularly N.J.A.C. 5:70-2.12, Penalties) and all other applicable laws of the State of New Jersey.
Fire insurance payment of claims shall be in accordance with Chapter 142, Insurance, Article I, Fire Insurance Claims, of the Code of the Township of Colts Neck.
Expenses of the Fire Prevention Bureau shall be paid by the Township Committee by regular voucher, it being the intent that the Fire Prevention Bureau shall work closely with the Township Committee to keep expenses to a minimum while fulfilling the purpose of this chapter. The Township Attorney, or his designee, shall provide legal assistance and representation to the local enforcement agency.