City of Absecon, NJ
Atlantic County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Fire Prevention — See Ch. 192.

§ 294-1 Definitions.

[1997 Code § 294-1]
The following words used shall have the definitions set forth herein:
DWELLING UNIT
Any structure, building, suite or unit of space occupied by the owner or rented, offered for rent or available for rent to tenants, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping, shelter or living accommodations by one or two families.
OWNER
The owner, owners, landlord, holder of title or agent for the owner of the dwelling unit.
SMOKE DETECTORS
Detection devices which sense visible or invisible particles of combustion and which, when activated, provide an alarm sufficiently audible to warn the occupants within the dwelling unit(s).

§ 294-2 Requirements.

[1997 Code § 294-2]
The smoke detector(s) shall be either one-hundred-twenty-volt (AC) or nine-volt (DC) powered, Underwriters Laboratories, Inc., (UL) or Factory Mutual Research Corporation (FM) or other nationally recognized testing laboratory listed ionization and/or photoelectric-type detector.

§ 294-3 Location.

[1997 Code § 294-3]
A. 
The smoke detector(s) shall be installed in all dwelling units in locations selected to effectively provide an alarm and shall be located within 10 feet of the doorway to each sleeping area within the dwelling unit.
B. 
Smoke detectors shall be required on every story of the dwelling unit, including basements. In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level. If there is an intervening door between the adjacent levels, a smoke detector shall be installed on both levels.
C. 
In dwelling units with one-hundred-twenty-volt detectors and where more than one detector is installed within an individual dwelling unit, the detectors shall be wired in such a manner that the actuation of one alarm will actuate all the alarms in the individual unit.

§ 294-4 Certificate of inspection.

[1997 Code § 294-4]
A. 
Whenever a change of tenant or ownership occurs in a single- or two-family residence constructed before 1977, a certificate of inspection shall be obtained from the Construction Official by the new tenant or owner.
B. 
The new tenant or owner shall fill out, on forms provided by the Construction Official, an application for a certificate of inspection.
C. 
The application fee for a certificate of inspection obtained in accordance with this section shall be $25 and be made payable to the City of Absecon City. If a certificate of occupancy or a certificate of continuing occupancy is being applied for concurrent with the certificate of inspection, the fee for the certificate of inspection shall be waived.

§ 294-5 Certificate of occupancy or continuing occupancy.

[1997 Code § 294-5]
No certificate of occupancy or certificate of continuing occupancy shall be issued for any dwelling unit(s) unless the appropriate municipal authority certifies that a smoke detector(s), in proper working condition, has been installed in the unit for which said certificate of occupancy has been applied.

§ 294-6 Responsibility of owner and occupant.

[1997 Code § 294-6]
A. 
It shall be the responsibility of the owner of each dwelling unit(s), subject to the terms of this chapter, to have installed and maintained a smoke detector(s) as required by this chapter, and it shall be unlawful for any such owner to refuse to install such smoke detector(s) in accordance with this chapter or to fail to maintain the detector(s) in proper working condition.
B. 
It shall be the responsibility of the tenant or occupant of each dwelling unit, at his/her own cost and expense, to maintain the smoke detector(s) installed by the owner in the dwelling unit, including the replacement of batteries of all battery-operated detectors. Any tenant or occupant who fails to maintain the smoke detector(s) shall be in violation of this chapter.
C. 
The responsibility of the tenant or occupant to maintain the smoke detector(s) shall not relieve the owner of the responsibility to maintain the smoke detector in proper operating condition, other than the battery, in the dwelling unit.
D. 
It shall be unlawful for any tenant, occupant, owner or any other person to intentionally interfere or tamper with, damage, destroy, remove, paint or do anything to cause a smoke detector or any of its parts to malfunction or fail to operate.
E. 
Testing requirements. It shall be the responsibility of the tenant or occupant of each dwelling unit to test or inspect each smoke detector as recommended by the manufacturer.

§ 294-7 Enforcement.

[1997 Code § 294-7]
A. 
The municipal officials charged with the duty of enforcing the provisions of this chapter shall be the Construction Official, Electrical Subcode Official, Fire Protection Subcode Official and the Building Subcode Official.
B. 
Enforcement upon complaint. In addition to the enforcement of this chapter by the aforementioned officials, any person may institute and file a complaint with the Construction Official or Fire Official of the City of Absecon City.

§ 294-8 Violations and penalties.

[1997 Code § 294-8]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction in the Municipal Court of the City of Absecon City, for each offense, be subject to a fine not to exceed $100.