§ 15-1. STATE UNIFORM FIRE SAFETY ACT.
15-1.1 Preamble.
a.
The Uniform Fire Safety Act (P.L. 1983, c. 383) was enacted for the purposes of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey.
b.
The Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose.
c.
It is in the best interests of the Borough to have the Uniform Fire Safety Act enforced locally.
d.
All fire companies have agreed to the plan, which is set forth herein, for the administration and enforcement of the New Jersey Uniform Fire Code, N.J.A.C. 5:18-1.1 et seq. its amendments and supplements.
(Ord. #1548-85, Preamble; Ord. #20-89, § (1))
15-1.2 Fire Safety Act Enforced. Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Borough.
(Ord. #1548-85, § 1)
15-1.3 Enforcing Agency.
a.
The local enforcing agency shall be the Bureau of Fire Prevention which is hereby created in the Sayreville Fire Department and located at 167 Main Street, Sayreville, New Jersey.
b.
The local enforcement agency shall enforce the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., as amended from time to time, and the codes and regulations thereunder, including the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq., as amended from time to time (hereinafter, the "Uniform Fire Code"), in all buildings, structures and premises within the established boundaries of the Borough, other than one (1) and two (2) family owner-occupied dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
(Ord. #1548-85, §§ 2-3; Ord. #1568, §§ 1-2; Ord. #706-01, § 1)
15-1.4 Life Hazard Uses.
a.
The local enforcing agency established by subsection 15-1.3 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
b.
All life hazard uses shall be periodically inspected for compliance with the Uniform Fire Code, its amendments and supplements. The frequency of inspections for life hazard uses, as well as the types of uses, shall be those specified in the Uniform Fire Code.
(Ord. #1548-85, §§ 4-5; Ord. #1568-86, § 3; Ord. #20-89 § (3); Ord. #706-01, S 1)
15-1.5 Enforcing Agency Part of Fire Department. The local enforcing agency established by subsection 15-1.3 of this section shall be a part of the Sayreville Fire Department and shall be under the direct supervision and control of the Fire Official.
a.
The local enforcing agency shall be under the direct supervision of the Fire Official, who shall be appointed by the Mayor and Council of the Borough pursuant to Title 11, Civil Service, of the Revised Statutes.
b.
The Fire Official shall be certified by the State of New Jersey according to New Jersey regulations for Fire Code Enforcement, N.J.A.C. 5:71-1 et seq., as amended from time to time.
c.
Such part-time inspectors and other part-time employees as may be necessary in the local enforcing agency shall be appointed by the Mayor and Borough Council upon the recommendation of the Fire Official.
Such full-time inspectors and other full-time employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Mayor and Borough Council, pursuant to Title 11, Civil Service Revised Statutes.
d.
Qualifications of inspectors shall be as set forth in the New Jersey regulations for Fire Code Enforcement, N.J.A.C. 5:71-1 et seq., as amended from time to time.
e.
The Fire Official, and such inspectors as are provided for in the Administrative Code of the Borough, shall be appointed by the Mayor, the Fire Official and inspectors of the enforcement agency shall be subject to removal by the Mayor and Borough Council pursuant to provisions of law.
(Ord. #1545-85, § 6; Ord. #1568-86, § 7; Ord. #706-01, § 1)
15-1.6 Inspection Every Twelve (12) Months. All buildings, except owner-occupied one (1) and two (2) family dwellings, within the boundaries of the Borough that are not classified as a life hazard use, Type A, B, C or D, pursuant to the Uniform Fire Code, its amendments and supplements, shall be inspected at least once every twelve (12) months. The fee for a nonlife hazard use inspection shall be as set forth in Section 15-1.7(b) hereof.
(Ord. #1548-85, § 7; Ord. #20-89, § (3); Ord. #706-01, S 1)
15-1.7 Permit Fees for Permits Required Under N.J.A.C. 5:70-2.7 of the Uniform Fire Code.
a.
In accordance with the Uniform Fire Code, the following fees shall apply:
1.
Type 1—forty-two ($42.00) dollars.
2.
Type 2—one hundred sixty-six ($166.00) dollars.
3.
Type 3—three hundred thirty-one ($331.00) dollars.
4.
Type 4—four hundred ninety-seven ($497.00) dollars.
b.
The inspection fees for all nonlife hazard use inspections in accordance with Section 15-1.6 hereof, are as follows:
Business Use
Class Square Feet Fee Per Year 1 0—1500 $ 50.00 2 1501—3000 100.00 3 3001—4500 150.00 4 4501—7500 175.00 5 7501—12000 200.00 6 12001—15000 225.00 7 15001—20000 250.00 8 20001—25000 300.00 9 25001—30000 350.00 10 30001—35000 450.00 11 35001—40000 500.00 12 40001—100000 650.00 13 100001—150000 850.00 14 150001—200000 1000.00 15 200001+ 1500.00 Residential Use
2—3 family (except two-family owner-occupied) $150.00 4—5 family 250.00 6—7 family 350.00 8—9 family 450.00 10—12 family 600.00 13 family and above 1000.00 Apartment Complexes containing 1—9 buildings 250.00 10 & above 500.00 Industrial Complexes 150.00 Strip Malls containing 1—5 storefronts 125.00 Strip Malls containing 6 & above storefronts 250.00 b.1.
Certificate of smoke detector, carbon monoxide alarm compliance required for one (1) and two (2) family dwellings (CSDCMAC).
b.2.
The application fee for a certificate of smoke detector and carbon monoxide compliance (CSDCMAC) as required by N.J.A.C. 5:70-2.3, shall be as follows:
Inspections scheduled more than ten (10) business davs from the date of closing $50.00 Inspections scheduled four (4) to ten (10) business davs from the date of closing 75.00 Inspections conducted less than four (4) business davs from the date of closing 125.00 b.3.
A fee of fifty ($50.00) dollars shall be paid for any re-inspection required as a result of any missing, out dated, or non-working life safety equipment or failure of the applicant or applicant's agent not being present for the inspection. In addition, any cancellation received less than twenty-four (24) hours, shall be subject to the fifty ($50.00) dollar re-inspection fee.
c.
The inspection fee shall be paid to the Borough annually by the individual, firm or corporation, as the case may be.
d.
Where an individual, firm or corporation requests an inspection be conducted at a time other than or in addition to that which is required by this chapter, the fee shall be consistent with those set forth in subsection b, above.
e.
The permit and registration fees as established by the Uniform Fire Code, except as amended in this section, and as amended from time to time pursuant to N.J.A.C. Chapter 5, shall remain in full force and effect as set forth therein.
f.
The Fire Official may waive the permit fees under subsection a, above, in certain instances when such fees are for the following:
1.
Religious, Charitable and Nonprofit Organizations and/or Government Agencies. When the permit is for an activity of an occasional nature (not exceeding three (3) times per year) and is part of religious observances and/or training, and/or charitable organizations and/or other nonprofit organizations, and/or governmental agencies of the Borough.
2.
Contractors and construction companies when working under a valid permit issued by the Borough of Sayreville Construction Official.
g.
The above mentioned religious, charitable, and/or governmental agencies will be responsible for submitting all applications as required by the code and conforming with the New Jersey Uniform Fire Code and its local amendments. The waiver is only for the payment of otherwise required permit fees.
(Ord. #1548-85, § 8; Ord. #1568-86, § 4; Ord. #1699-88, §§ 1-3; Ord. #706-01, § 1)
(Ord. No. 308-15 , 10-13-2015; Ord. No. 311-15 , 11-9-2015)
15-1.8 Legal Counsel. As provided for in N.J.A.C. 5:18A-3.2 (d) the legal counsel appointed to assist the local enforcement agency to enforce the Code shall be the Borough Attorney.
(Ord. #1568-86, § 9)
15-1.9 Permits. This section shall be considered an amendment to the Uniform Fire Code N.J.A.C. 5:18-2.7 its amendments and supplements.
a.
A permit shall constitute permission to maintain, store or handle materials, or conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities in accordance with the provisions of this Code. A permit shall not be construed as authority to violate, cancel or set aside any of the provisions of this Code or any other Code, Ordinance, Statute, rule or regulation. A permit shall remain in effect for a period of one (1) year, unless otherwise specified, or until it is revoked. A permit shall not be transferable. Any change in use, operation, or tenancy shall require a new permit.
b.
The following permits shall be required and shall have fees indicated:
1.
Asphalt (tar) Kettles. No person, firm or corporation shall make use of or fire any asphalt (tar) kettles without first securing a permit from the Fire Official, at a fee of thirty-five ($35.00) dollars.
2.
Reserved.
(Ord. #1699-88, § 4; Ord. #20-89, § (4); Ord. #706-01, S 1)