[HISTORY: Adopted by the Township Committee
of the Township of Colts Neck 2-24-1999. Amendments noted where applicable.]
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.
[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:
(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.
(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.
(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:
(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.
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.