Township of Colts Neck, NJ Chapter 29 Fire Prevention Bureau

[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.

§ 29-1 Creation: agency designation.

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.

§ 29-2 Definitions.

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.

§ 29-3 Duties of agency.

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.

§ 29-4 Life-hazard uses.

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.

§ 29-5 Organization.

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.

§ 29-6 Appointments; qualifications; term of office; duties; removal.

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.

§ 29-7 Registration, inspections, permits and fees.

[Amended 2-24-2016; 9-25-2019 by Ord. No. 2019-18; 2-24-2021 by Ord. No. 2021-5]

A. All businesses and multiple dwelling buildings in the Colts Neck Township shall be registered and inspected as established by the requirements of the NJ Uniform Fire Code N.J.A.C. 5:70 for life hazard uses or at least annually for non-life-hazard uses per this section. To cover the cost of registration and inspection, the Township shall establish a fee schedule. The fee for life hazard uses shall be as determined by N.J.A.C. 5-70-2.9.

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.

C. The following registration and inspection fees shall be established for all non-life-hazard uses and fire safety permits:

(1) Assembly uses:

(a) Eating establishment under 50 occupancy: $75.

(b) Take-out food service (no seating): $50.

(c) Houses of worship: $50.

(d) Assembly uses not listed: $75.

(2) Business/professional office uses:

(a) Offices/spaces less than 1,000 square feet: $50.

(b) Offices/spaces 1,001 to 3,000 square feet: $75.

(c) Offices/spaces 3,001 to 5,000 square feet: $100.

(d) Offices/spaces over 5,000 square feet: $125.

(e) Common area per building (one story): $50.

(f) Common area per building (two stories): $70.

(g) Common area per building (three stories): $80.

(h) Common area per building (four stories): $90.

(i) Common area per building (five stories and over): $100.

(3) Mercantile use (retail):

(a) Retail uses 1,000 square feet or less: $50.

(b) Retail uses 1,001 to 2,000 square feet: $75.

(c) Retail uses 2,001 to 3,000 square feet: $100.

(d) Retail uses over 3,000 square feet: $125.

(4) Manufacturing use (non-life-hazard use):

(a) Manufacturing use space less than 1,000 square feet: $50.

(b) Manufacturing use space 1,001 to 3,000 square feet: $75.

(c) Manufacturing use space 3,001 to 5,000 square feet: $100.

(d) Manufacturing use space 5,001 square feet and above: $150.

(5) Storage uses:

(a) Storage use 1,000 square feet or less: $65.

(b) Storage use 1,001 to 3,000 square feet: $75.

(c) Storage use 3,001 to 5,000 square feet: $100.

(d) Storage use 5,001 square feet and above: $125.

(6) Residential uses (structures with three or more dwelling units):

(a) A fee of $20 per floor level, including basements, for all common areas of the building but not less than $50.

(b) An inspection fee of $10 per dwelling unit in any case a dwelling unit needs to be inspected.

(7) Fire safety permit inspections and fees are as established by permit type pursuant the NJ Uniform Fire Code 5:70-2.9(c).

(a) Any permit inspection that is required to be done outside of the normal business hours of Colts Neck Township requires a $100 minimum fee.

(b) At the discretion of the Fire Official, annual/seasonal fire safety permits may be issued for an additional fee of $200 above the normally charge inspection fee upon adherence to any established conditions set by the Fire Official and subject to spot inspections throughout the established permit period at no extra charge. Except as indicated in Subsection C(11) as it relates to temporary mobile retail food establishments.

(8) Certificate of smoke alarm, carbon monoxide alarm and portable fire extinguisher compliance (CSACMAPFEC, as required by 5:70-2.3) shall be based upon application submittal date vs. request for inspection date.

(a) Request made more than 10 business days in advance: $50.

(b) Request made four to 10 business days in advance: $100.

(c) (Emergency inspections) Request made fewer than four days in advance: $150, upon availability.

(d) Reinspections fee shall be $25 per inspection.

(9) Miscellaneous:

(a) Open property areas/yards of retail complexes, strip malls, storage/warehouse facilities, residential/business complexes and parking garages shall pay a $50 fee per property.

(b) Any use not specifically classified, shall be classified as business use.

(10) Delinquent/late payment of fees:

(a) Any person or business found to be delinquent or late in paying the required inspection and registration fee, shall be subject to a $50 late payment fee added to the normally charged amount. Failure to pay the required fees is subject to a summons issuance to collect the required fee in municipal court.

(11) 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:

(a) One-day permit: $54.

(b) Ninety-day extended permit: $400.

§ 29-8 Technical Amendments.

(Reserved)

§ 29-9 Board of Appeals.

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.

§ 29-10 Enforcement, violations and penalties.

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.

§ 29-11 Municipal claims for fire damage to properties.

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.

§ 29-12 Expenses.

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.