Fire Department — See Ch. 10.
Unfit buildings — See Ch. 31.
Fire zones — See Ch. 42A.
Conduct at fires — See Ch. 43.
Fire control measures — See Ch. 44.
§ 42-1Local enforcement.
§ 42-2Agency designation.
§ 42-3Duties of agency.
§ 42-4Life-hazard uses.
§ 42-4.1Non-life-hazard uses.
§ 42-5Agency organization.
§ 42-6Agency appointments and removal.
§ 42-7Board of Appeals.
§ 42-8Agency compensation.
§ 42-9Additional inspections and fees.
§ 42-10Smoke and carbon monoxide alarms.
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 of Washington.
The local enforcing agency shall be the Bureau of Fire Prevention, which is hereby created in the Department of Public Safety, Fire Division.
The local enforcing 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 Borough, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcing agency established by § 42-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
All non-life-hazard uses, including but not limited to retail, storage and professional offices, shall be inspected at least once a year and pay the non-life-hazard-use inspection fee.
The local enforcing agency established by § 42-2 of this chapter shall be a part of the Department of Public Safety, Fire Division, and shall be under the general supervision and control of the Fire Official, who shall report to the Fire Chief and the Borough Manager.
The local enforcing agency shall be under the direct supervision of the Fire Official, who shall be appointed by the Borough Manager upon the recommendation of the Fire Chief.
Inspectors and employees. Such inspectors and other employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Borough Manager upon the recommendation of the Fire Official and the Fire Chief, pursuant to Title 11, Civil Service, of the Revised Statutes.
Suspension and removal from office. Such inspectors and other employees of the enforcing agency shall be subject to suspension and removal by the Borough Manager upon the recommendation of the Fire Official and Fire Chief for inefficiency, misconduct, incompetency, negligence, insubordination or other sufficient cause. All employees to be so removed or suspended shall be afforded all rights conferred under N.J.S.A. Title 11 and N.J.A.C. Title 4.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an order of the local enforcing agency (or agencies) shall have the right to appeal to the Construction Board of Appeals of the County of Warren.
All employees of the Bureau of Fire Prevention shall receive such compensation as provided in the Salary Ordinance.
In addition to the inspection and fees required pursuant to the Uniform Fire Safety Act and the regulations of the Department of Community Affairs, the following inspections and fees shall be required:
For all non-life-hazard uses, except single- and two-family dwellings occupied by the holder of title to the property and dwelling units within two-family and multifamily dwellings, the fee shall be $45 for the first hour or part thereof of inspection time and $25 for each additional hour or part thereof of inspection time.
For all fire inspections and/or reinspections of residential rental properties for any change in tenancy or building ownership, the fee shall be $45.
For a letter documenting compliance with the Fire Code, the fee shall be $10.
A structure located in the Borough of Washington used or intended for use for residential purposes 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 National Fire Protection Association Standard No. 74-1984 for the installation of smoke-sensitive alarm devices, which shall be accepted as meeting the requirements of this section. A carbon monoxide detector shall be installed in the hall outside the sleeping areas. The smoke-sensitive and carbon monoxide devices shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety. This section shall not be enforced except pursuant to Subsections B, C and D of this section.
In case of change of occupancy of any building subject to the requirements of Subsection A of this section, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the Bureau of Fire Prevention a certificate evidencing compliance with the requirements of this section.
If the property owner or tenant believes the structure or alarm devices have been compromised, either party may request an inspection of the property.
Fees. The fee of the Fire Official of the Borough of Washington shall be $35 for the first inspection or scheduled visit to the property and $35 for each subsequent reinspection or scheduled visit to the property.
Penalties. An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this section, when the premises do not comply with the requirements of Subsection A hereof, shall be subject to a fine of not more than $500, which may be collected and enforced by the Bureau of Fire Safety by summary proceedings pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.