Borough of Buena, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Buena as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire companies — See Ch. 18.
Housing authority — See Ch. 24.
Municipal utilities authority — See Ch. 32.
Public safety department — See Ch. 45.
Outdoor burning — See Ch. 77.
Uniform construction codes — See Ch. 88.
Housing standards — See Ch. 136.
Land use — See Ch. 150.
[Adopted 3-26-2007 by Ord. No. 545[1]]
[1]:
Editor's Note: This ordinance superseded former Art. I, Enforcement of Uniform Fire Code, adopted 4-20-1992 by Ord. No. 399, as amended.

§ 120-1 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be enforced locally in the Borough of Buena.

§ 120-2 Agency designation.

The local enforcing agency shall be the Borough of Buena through its Bureau of Fire Prevention, which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the "local enforcing agency."

§ 120-3 Establishment of Bureau of Fire Prevention.

The Bureau of Fire Prevention established herein shall be a part of the Department of Public Safety and shall be under the direct supervision and control of the Chief Fire Marshal, who shall report to the Director of Public Safety.

§ 120-4 Life-hazard uses.

The Bureau established herein shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs. The types of life-hazard uses to be inspected by the Bureau are as set forth in N.J.A.C. 5:70-1 et seq., and the buildings, uses and premises described therein shall constitute the life-hazard uses which are subject to registration and periodic inspection requirements to be undertaken by the Bureau.

§ 120-5 Appointment and qualifications of Chief Fire Marshal and employees.

A. 
Appointment and qualifications of the Chief Fire Marshal. The Chief Fire Marshal shall be certified by the state and appointed by the Mayor with the advice and consent of the Borough.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the Mayor with the advice and consent of the Borough Council. All life-hazard use inspectors shall be certified by the state.
C. 
The Chief Fire Marshal shall serve for a term of three years, running from January 1 to December 31. Any vacancy shall be filled for the unexpired term.
D. 
Removal from office. The Chief Fire Marshal, inspectors and other employees of the agency shall be subject to removal by the Director of Public Safety for inefficiency or misconduct. Before removal from office, all persons shall be afforded an opportunity to be heard by the Director or a hearing officer designated by the Director.

§ 120-6 Appeals.

Pursuant to N.J.A.C. 5:70-2.11(a)1 of the Uniform Fire Code, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Atlantic County Board of Appeals.

§ 120-7 Inspections and fees.

The Chief Fire Marshal of the Borough of Buena shall make inspections within the Borough of Buena as are required by the Uniform Fire Code and shall charge such fees for inspection and permits as are provided by N.J.A.C. 5:70-2.9 and article.

§ 120-8 Inspections; fees.

The Chief Fire Marshal of the Borough of Buena shall inspect, at least semiannually, all non-life-hazard-use hotels and multiple dwellings within the Borough of Buena to verify that all buildings within these groups are in compliance with the requirements of the Uniform Fire Safety Act. The Chief Fire Marshal shall charge the following inspection fees for inspection of R-1 and R-2 use groups:
A. 
For each unit inspected: $25.
B. 
For all other areas of each building: $50.

§ 120-8.1 Installation of smoke-sensitive alarm devices; compliance; fees.

A. 
In accordance with N.J.A.C. 5:70-4.19 of the Uniform Fire Code, all one- and two-family dwellings shall be certified to have had installed approved and tested smoke detectors and carbon monoxide alarms at the time of sale of the property.
B. 
It shall be the responsibility of the owner or his agent to obtain the proper certification of smoke detector and carbon monoxide alarm installation before the sale is final.
C. 
Certification of installation of smoke detectors and carbon monoxide alarms may be made by one of the following individuals:
(1) 
A licensed architect.
(2) 
A licensed engineer.
(3) 
A licensed attorney.
D. 
A certificate will be issued after an inspection or certification of compliance has been completed.
E. 
Fee.
(1) 
Requests for a CSDCMAC (certificate of smoke detector and carbon monoxide alarm compliance) received more than 10 business days prior to the change of occupant: $35.
(2) 
Requests for a CSDCMAC received four to 10 business days prior to the change of occupant: $70.
(3) 
Requests for a CSDCMAC received fewer than four business days prior to the change of occupant: $125.
F. 
Reinspections. Reinspection requests for a CSDCMAC will follow the above pay scale and timeline.
G. 
No owner of any dwelling described in Subsection A of this section shall sell, lease or otherwise permit occupancy for residential purposes of any structure used or intended for use for residential purposes, including either unit of a two-family dwelling, without first obtaining a certificate of inspection from the Chief Fire Marshal until he has determined that the building, or each unit of the building in a two-family dwelling, is equipped with smoke-sensitive alarm devices as provided for in Subsection A of this section.
H. 
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of Subsection B of this section without complying 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 Chief Fire Marshal or by the Borough of Buena Bureau of Fire Prevention by summary proceedings pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.[1]
[1]:
Editor's Note: N.J.S.A. 2A:58-1 et seq. was repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.

§ 120-8.2 Inspections of non-life-hazard uses; fees; vacant buildings.

A. 
In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth below:
Use Groups
Annual Fee
Business
B-1 under 2,500 square feet
$25
B-2 2,500 square feet to 4,999 square feet
$35
B-3 5,000 square feet to 9,999 square feet
$50
B-4 10,000 square feet and over
$100
Factory
F-1 Under 5,000 square feet
$75
F-2 5,000 square feet and over
$100
Mercantile
M-1 Under 6,000 square feet
$25
M-2 6,000 square feet to 11,999 square feet
$50
Storage
S-1 Under 2,500 square feet
$25
S-2 2,500 square feet and over
$50
Residential
R-A Non-owner-occupied 1 unit and 2 units
$25
R-B 3 units to 6 units
$35
R-C 7 units to 12 units
$50
R-D 13 units to 20 units
$75
R-E Over 20 units
$125
Utilities
U-1 Under 2,500
$25
U-2 2,500 and over
$50
B. 
R-A uses shall be inspected and charged a fee only upon sale or change of tenant. (See smoke detector and carbon monoxide certification.)[1]
[1]:
Editor's Note: See § 120-8.1.
C. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
D. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
E. 
At the discretion of the Chief Fire Marshal, vacant buildings will be charged and inspected according to the previous use of the building.
F. 
All residential uses except R-A uses shall be inspected in the common areas only.

§ 120-8.3 Waiver of fees for certain structures.

A. 
Structures owned by the Borough of Buena, by volunteer fire companies, by volunteer rescue squads, by all churches located in the Borough and by the Buena Municipal Utilities Authority shall be exempt from the fee requirements of this article for all inspection of such structures. However, all such structures shall comply with the requirements of the Uniform Fire Safety Act and with the Uniform Fire Code and shall be inspected by the Chief Fire Marshal in the same manner as all other structures under the jurisdiction of said official.
B. 
All units owned by the Borough of Buena Housing Authority shall be subject to the inspection by the Chief Fire Marshal. However, the inspection and inspection fee shall be waived if the Authority certifies to the Chief Fire Marshal, in writing, that all units in which a change of occupancy occurs has smoke-sensitive fire alarm devices which are in proper working order, in accordance with the requirements of this article.

§ 120-8.4 Permits.

A. 
The application fees for the permits listed in N.J.A.C. 5:70-2.8(c) shall be as follows:
Type
Fee
1
$42
2
$166
3
$331
4
$497
5
$1,500
B. 
The cost for the issuance of a certificate of Fire Code status shall be $25.

§ 120-8.5 Violations and penalties.

In the event that the owner or lessee of any building fails or refuses to comply with any of the requirements of this article, enforcement procedures to be applied by the Chief Fire Marshal shall be in accordance with the Uniform Fire Code, N.J.A.C. 5:70.1 et seq.

§ 120-8.6 Fire Advisory Board.

A. 
The Fire Advisory Board shall consist of the following members: the Chief Fire Marshal, the Director of Public Safety, the Coordinator of Emergency Management, the Fire Chiefs and the Assistant Chiefs.
B. 
The Board shall meet on a monthly basis.
C. 
The Board shall communicate and discuss firesafety, training and operational concerns among its members.
D. 
The Board shall assist the Chief Fire Marshal in formulating operational policies consistent with his responsibilities under the Uniform Fire Code.
E. 
The Board shall be chaired by the Chief Fire Marshal, who shall call the meetings.

§ 120-8.7 Fire lanes.

A. 
No person shall park or stop a motor vehicle in, or in any other manner obstruct, a properly designated fire lane, fire hydrant or Fire Department connection. This shall apply to any public street, private street or access lane.
(1) 
Violations of this chapter or any provision of the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) or the New Jersey Uniform Fire Code (N.J.A.C. 5:70 et seq.) which pertains to this chapter shall be enforced by the Fire Prevention Bureau.
(2) 
The Police Department shall assist the Fire Prevention Bureau in obtaining information on any vehicle in violation of this chapter. The Fire Prevention Bureau shall have the authority to have any vehicle found in violation of this chapter impounded at the expense of the vehicle owner.
B. 
All fire lane locations shall be recorded in a file maintained by the Fire Prevention Bureau and shall be made available for public inspection. Copies of said file shall also be located in the City Clerk's office, the Police Department and the Fire Department.
C. 
All curbs in a fire lane shall be painted exclusively with yellow traffic paint that meets the specifications for Type I Pure Drying Yellow Traffic Paint for road and bridge construction of the New Jersey Department of Transportation. An approved plan and a color sample must be submitted to and approved by the Fire Prevention Bureau. Hash marks and curb markings may be used in lieu of signs as determined by the Fire Prevention Bureau.
(1) 
Whenever a fire lane is established on any property, the property owner shall erect, replace, repair and maintain all fire lane signs and markings on said property as specified in this section and by the Fire Prevention Bureau. The property owner shall have 15 days to comply with this section upon proper notice by the Fire Prevention Bureau. Said notice shall contain a copy of this section.
(2) 
The underside of any sign erected on a post shall be at least seven feet from the ground or pavement. The underside of any sign mounted on a building shall be six feet from the ground or pavement. The spacing between signs shall be determined by the Fire Prevention Bureau. All signs, posts and foundations shall be constructed to hold signs and posts in a proper and permanent position. Signs shall be mounted to resist swaying in the wind or displacement by vandalism. Sign dimensions shall be 12 inches by 18 inches. Signs shall be white and reflective, and all lettering shall be red and reflective. The words "NO PARKING" shall be 7.5 inches in height, and the words "FIRE LANE" shall be five inches in height.

§ 120-8.8 Fire lane violations and penalties.

The Fire Prevention Bureau shall have the authority to issue any fine, penalty or enforcement action as provided for in the Uniform Fire Safety Act or New Jersey Uniform Fire Code. Unless another fine, penalty or enforcement action is expressly provided for by the aforementioned laws, any person who violates any provision of this chapter shall be issued the following fines:
A. 
First offense: $35.
B. 
Second offense: $100.
C. 
Third offense: $250.
D. 
Fourth offense: $500, and the vehicle shall be impounded at the owner's expense.
[Adopted 11-15-1993 by Ord. No. 412]

§ 120-9 Inspection; fees.

The Fire Official of the Borough of Buena shall inspect, at least biannually, all non-life-hazard-use hotels and multiple dwellings within the Borough of Buena to verify that all buildings within these use groups comply with the requirements of the Uniform Fire Safety Act.[1] The Fire Official shall charge the following inspection fees for inspection of R-1 and R-2 use groups:
A. 
For each unit inspected: $10.
B. 
For all other areas of each building: $25.
[1]:
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 120-10 Installation of smoke-sensitive alarm devices; compliance; fees.

A. 
The owner of every structure in the Borough of Buena used or intended for use for residential purposes by not more than two households, commonly known as single- family and two-family dwellings, shall have a smoke- sensitive alarm device installed 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, 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 section. Each smoke- sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety of the State of New Jersey.
B. 
No owner of any dwelling described in Subsection A of this section shall sell, lease or otherwise permit occupancy for residential purposes of any structure used or intended for use for residential purposes, including either unit of a two-family dwelling, without first obtaining a certificate of inspection from the Fire Official. No certificate of inspection shall issue by the Fire Official until he has determined that the building, or each unit of the building in a two-family dwelling, is equipped with smoke-sensitive alarm devices as provided for in Subsection A of this section.
C. 
The Borough of Buena Fire Official shall charge an inspection fee of $25 for each unit of each structure which is sold or leased or where the occupancy of said unit is changed. In the event that the Fire Official is required to inspect any structure or any unit in any structure on more than two occasions because of the failure of the owner or manager to comply with the requirements of this § 120-10, the Fire Official shall charge an additional fee of $25 for each inspection commencing with the third inspection.
D. 
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of Subsection B of this section without complying with the requirements of Subsection A hereof, or without complying with the inspection and certification requirements of Subsections B and C hereof, shall be subject to a fine of not more than $500 which may be collected and enforced by the Fire Official or by the Borough of Buena Bureau of Fire Prevention by summary proceedings pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.[1]
[1]:
Editor's Note: N.J.S.A. 2A:58-1 et seq. was repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.

§ 120-11 Inspection of non-life-hazard uses; fees; vacant buildings.

[Amended 10-15-2001 by Ord. No. 486]
A. 
In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year, or every other year as indicated, and shall pay an annual fee as set forth below:
Business Use Group
Annual Fee
B/1: Under 2,500 square feet
$15
B/2: 2,500 to 4,999 square feet
$25
B/3: 5,000 to 9,999 square feet
$50
B/4: 10,000 and over square feet
$100
Factory Use Group
Annual Fee
F/1: Under 5,000 square feet
$75
F/2: 5,000 to 11,999 square feet
$100
Mercantile Use Group
Annual Fee
M/1: Under 6,000 square feet
$25
M/2: 6,000 to 11,999 square feet
$50
Storage Use Group
Annual Fee
S/1: Under 2,500 square feet
$25
S/2: 2,500 to 11,999 square feet
$50
Residential Use Group
Annual Fee
R/A: Nonowner occupied, 1 and 2 units: (to be inspected every 2 years)
$20
R/B: 3 to 6 units
$25
R/C: 7 to 12 units
$50
R/D: 13 to 20 units
$175
R/E: over 20 units
$350
Utilities Use Group
Annual Fee
Use/1: under 2,500 square feet
$25
Use/2: 2,500 and over square feet
$50
B. 
R/A uses shall be inspected and charged a fee only upon sale or change of tenant.
C. 
Uses not classified above that are subject to the Uniform Fire Code shall be classified as business uses.
D. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
E. 
Vacant buildings which create a fire hazard shall be charged and inspected according to the previous use of the building.

§ 120-12 Waiver of fees for certain structures.

A. 
Structures owned by the Borough of Buena, by volunteer fire companies by volunteer rescue squads, by all churches located in the Borough of Buena and by the Borough of Buena Municipal Utilities Authority shall be exempt from the fee requirements of this article for all inspection of such structures. However, all such structures shall comply with the requirements of the Uniform Fire Safety Act and with the Uniform Fire Code and shall be inspected by the Fire Official in the same manner as all other structures under the jurisdiction of said official.
B. 
All units owned by the Borough of Buena Housing Authority shall be subject to inspection by the Fire Official. However, the inspection and inspection fee shall be waived if the Authority certifies to the Fire Official, in writing, that all units in which a change of occupancy occurs has smoke-sensitive fire alarm devices which are in proper working order, in accordance with the requirements of this article.

§ 120-13 Permits.

[Added 10-15-2001 by Ord. No. 486]
The application fees for the permits listed in N.J.A.C. 5:70-2.7 shall be as provided by state regulation.

§ 120-14 Violations and penalties.

[Amended 10-15-2001 by Ord. No. 486]
In the event that the owner or lessee of any building fails or refuses to comply with any of the requirements of § 120-9 or 120-11 of this article, enforcement procedures to be applied by the Fire Official shall be in accordance with the Uniform Fire Code, N.J.A.C. 5:70.1 et seq.