[Added 11-14-1991]
Smoke detectors shall be installed in each dwelling
as defined in N.J.S.A. 52:27D-196 upon a sale, rental, transfer, lease
or change of occupancy of any dwelling in the Borough of Allendale.
Each dwelling that is sold, rented, leased or transferred shall have
a smoke-sensitive alarm device on each level of the structure and
outside each separate sleeping area in the immediate vicinity of the
bedrooms and located on or near the ceiling in accordance with the
National Fire Protection Association Standard No. 74-1984 for the
installation, maintenance and use of household fire-warning equipment.
The installation of battery-operated smoke-sensitive alarm devices
shall be accepted as meeting the requirements of this article. Smoke-sensitive
devices shall be tested and listed by a product certification agency
recognized by the State Bureau of Fire Safety.
A.
Sellers, transferors, lessors, buyers, transferees
and tenants of all dwelling units subject to this chapter shall be
responsible for the correct installation and maintenance of smoke
detectors as described herein. The owner of a rental unit shall, at
the time of installation of smoke detectors and thereafter at the
commencement of each tenancy, provide to the tenant at least one copy
of written instructions on the operation, maintenance and testing
of the smoke detector, including the replacement of batteries in the
battery-operated unit.
B.
The owner and tenant of each rental unit shall be
responsible for the proper maintenance of the smoke detectors, including
replacement of batteries and repair or replacement of the unit in
accordance with the standards herein set forth.
Upon the transfer of title of a dwelling unit
accompanied by a change in the occupancy thereof, the seller, landlord
or transferor is required to obtain from the Allendale Construction
Code Official a certificate of continued occupancy evidencing that
the property is in compliance with the provisions of this chapter.
The Construction Code Official or his designee shall notify the Allendale
Bureau of Fire Prevention as to the results of his inspection.
The fee for the certificate of continued occupancy
pursuant hereto shall be as set forth in § 100-3A(8)(a).
Applications for certificates of continued occupancy shall be submitted
to the office of the Construction Code Official of the Borough of
Allendale, with the application fee prepaid. Within 10 to 15 days
of the receipt of the application and fee, the designated inspector
of the office of the Construction Code Official shall inspect the
premises to determine whether the same complies with the provisions
of this chapter.
Notwithstanding any other provisions of this
chapter of the Code of the Borough of Allendale, any person or corporation,
including an officer, director or employee of a corporation, who violates
any of the provisions of this article shall commit a violation of
the Uniform Fire Safety Act of New Jersey[1] and shall be subject to a fine of not more than $1,000
for a first offense and for each and every subsequent and separate
offense which shall be enforceable by civil action in a summary manner
under the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq., with
further provisions that a violator who fails to pay may be imprisoned
for up to six months. In case of continuing violations, each day that
the violation persists shall be deemed a separate violation. In addition,
the violator shall become liable to the Borough of Allendale for the
cost of suppressing any fire directly or indirectly resulting from
the violation pursuant to the provisions of N.J.S.A. 52:27D-210.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
