Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 10-12-1994 by Ord. No. 94-18.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 55.
Uniform construction codes — See Ch. 78.
Smoke detectors and lock boxes — See Ch. 165.
[1]
Editor's Note: This ordinance repealed former Ch. 94, Fire Prevention, adopted 9-11-1979 by Ord. No. 79-19.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Pursuant to § 11 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-192), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Kenilworth.
The local enforcing agency shall be the Kenilworth Fire Department 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."
A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Borough of Kenilworth other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by the federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
C. 
The local enforcing agency shall enforce the Uniform Fire Code. In addition to the foregoing, the local enforcing agency shall annually and, upon each change in the occupancy of a residential rental unit that is not owner-occupied or for the sale of any building, inspect the buildings of determining that:
(1) 
Smoke and carbon monoxide alarms are properly functioning;
(2) 
Required fire extinguishers installed in kitchen(s);
(3) 
In addition to the above, the local enforcing agency may refer violations of the property maintenance code, health codes, ICC code and zoning violations observed in plain view to the Borough officials responsible for the aforesaid discipline.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Bureau of Fire Prevention established by § 94-2 of this chapter shall be under the direct supervision and control of the Fire Official who shall be the Chief in Charge of Fire Prevention in the Kenilworth Fire Department. By virtue of the office of Fire Official, he shall hold the rank of Deputy Chief within the Fire Department. This rank of Deputy Chief is only within the Fire Prevention Bureau and is not a command rank within the table of organization of the Kenilworth Fire Department.
B. 
The Bureau of Fire Prevention shall have no more than five paid inspectors. The Fire Official, fire inspectors and any other employees shall be compensated by the Fire Prevention Bureau.
A. 
Appointment and qualification of Fire Official. The Fire Official shall be certified by the state and shall maintain his license throughout his tenure in said position. The Fire Official shall be appointed by the governing body upon the recommendation of the Chief of the Kenilworth Fire Department. The Fire Official shall be an active or exempt member of the Kenilworth Fire Department.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the governing body upon the recommendation of the Fire Official and Fire Chief. All inspectors shall be certified by the state and shall maintain their license throughout their tenure in said position. All inspectors shall be active or exempt members of the Kenilworth Fire Department.
C. 
Appointment of legal counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official shall serve for a term of four years. All inspectors shall be appointed for a term of one year. Any vacancy shall be filled for the unexpired term.
E. 
Disciplinary action; removal from office. The Fire Official, inspectors and other employees of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by the same in accordance with the procedure established in Chapter 37, Personnel Policies, of this Code.
The Bureau of Fire Prevention established by § 94-2 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 the New Jersey Department of Community Affairs.
[Amended 3-25-2009 by Ord. No. 2009-08; 1-24-2018 by Ord. No. 2018-01]
A. 
The fee schedule for annual residential inspections of non-owner occupied dwellings which shall be paid for by the landlord and which may not be included as additional rent is as follows:
(1) 
Single-family home: $100.
(2) 
Two-family home: $160.
(3) 
Greater than a two-family: $80 plus $45 times the total number of residential units in the structure.
B. 
The fee schedule for the sale or transfer of title if requested two or more weeks in advance shall be equal to the fee set forth in the preceding paragraph.
C. 
The fee for the change of occupancy inspection of a single residential unit shall be $100.
D. 
In the event that a structure fails to comply with the fire code when inspected, the owner shall be entitled to one reinspection at no additional cost.
E. 
Landlords shall be entitled to expedited inspection within two full business days from the date of the completed application for inspection upon paying an additional $50.
A. 
Adoption of Fire Prevention Code. The Uniform Fire Code, as amended and as promulgated by the Division of Fire Safety, is hereby adopted by reference as the Fire Prevention Code of the Borough of Kenilworth for the control of buildings and structures as therein provided, subject to such definitions, modifications or amendments as are hereinafter set forth. A copy of this code is annexed to and made a part of this chapter without the inclusion of the text herein.
B. 
Public record. Three copies of the Uniform Fire Code have been placed on file in the offices of the Borough Clerk and the Construction Official for the use of and examination by the public.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The State Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and regulated statutes and the New Jersey Uniform Fire Code (N.J.A.C. 5:70 and 5:71) is amended and supplemented as follows:
A. 
(Reserved)[1]
[1]
Editor's note: Former Subsection A, Fire lanes, was repealed 1-24-2018 by Ord. No. 2018-01.
B. 
(Reserved)[2]
[2]
Editor's note: Former Subsection B, Vacant buildings, was repealed 1-24-2018 by Ord. No. 2018-01.
C. 
(Reserved)[3]
[3]
Editor's note: Former Subsection C, Fire prevention maintenance, was repealed 1-24-2018 by Ord. No. 2018-01.
D. 
Hazardous materials. The provisions of this section shall cover the spilling, leaking, dumping or discharging into the atmosphere of hazardous material or substances, as defined by the New Jersey Department of Environmental Protection (NJDEP) Hazardous Materials and Waste Index (Index).
(1) 
It shall be the responsibility of the property owner, upon discovery, to immediately notify the Fire Department of all hazardous materials or substances and waste spills, leaks, dumping or discharges into the atmosphere, whether on public or private property. Cleanup efforts shall be diligently pursued to abate all conditions.
(2) 
In addition to the hazardous materials identified in the Index, all combustible, flammable, corrosive, radioactive and oxidizing materials, as well as poisonous gases and substances, etiological agents, potentially explosive chemicals, highly reactive or toxic materials shall be considered hazardous materials.
(3) 
The failure to report immediately upon discovery a hazardous material or waste spill discharge or dumping to the Fire Department shall subject the violator to a fine as set by the fire code official consistent with the Uniform Fire Code.
[Amended 1-24-2018 by Ord. No. 2018-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Upon the application of the owner of a building, structure or premises, the enforcing agency may grant variances from the requirements of a regulation issued pursuant to this chapter. No variance shall be granted in a particular case unless the enforcing agency shall find that:
(1) 
Strict compliance with the regulation would result in undue hardship to the owner; and
(2) 
The variance, if granted, will not unreasonably jeopardize the safety of intended occupants, firefighters and the public generally.
B. 
An application for a variance pursuant to this section shall be filed in writing with the enforcing agency and shall set forth specifically:
(1) 
A statement of the requirements of the regulation from which a variance is sought;
(2) 
A statement of the manner by which strict compliance with the regulation would result in undue hardship;
(3) 
A statement of the nature and extent of the undue hardship; and
(4) 
A statement of feasible alternatives to the requirements of the regulation which would adequately protect the safety of the occupants or intended occupants, firefighters and the public generally.
C. 
Within 30 days of receiving the application for a variance, the enforcing agency shall grant or deny the application, in writing, stating the reason for granting or denying the application. If the application is not granted within 30 days, the applicant shall consider it to have been denied and shall have the same appeal rights as in the case of a written denial. The enforcing agency shall maintain records of all applications for variances and the action taken on them and shall make the records reasonably available for public inspection. An enforcing agency other than the Department of Community Affairs shall provide copies of the records to the Commissioner of the Department of Community Affairs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A person aggrieved by any ruling, action, order or notice of a local enforcement agency pursuant to this chapter shall be entitled to an administrative hearing before the Union County Construction Board of Appeals. The applications for the hearing shall be filed with the Construction Board of Appeals by the 15th day after the receipt by the person of notice of the ruling, action, order or notice complained of.
Enforcement of violations of this chapter and the penalties imposed shall be in accordance with the terms and provisions of the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code (N.J.A.C. 5:18-1 et seq.), the Code of the Borough of Kenilworth and any other applicable laws of the State of New Jersey. The enforcement agency shall be the Bureau of Fire Prevention of the Kenilworth Fire Department.
[Added 1-24-2018 by Ord. No. 2018-01]
A. 
In the event of an unsatisfactory inspection by the Fire Official of a vacant rental unit, such property shall not thereafter be registered, nor shall a rental license issue, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and, if not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of the fire code. The owner, however, shall be permitted to apply for extension of time to make repairs or corrections so as to comply with this chapter, for good cause shown, provided that such extension shall not exceed 30 days.
B. 
No person shall occupy any rental unit that is required to have been inspected, nor shall the owner permit occupancy of any rental unit within the Borough of Kenilworth which has not been inspected and approved by July 1, 2019, in accordance with this chapter. If a landlord fails to register the rental unit and/or fails to maintain the registration, rent collected in excess of four months in any calendar year shall not be deemed earned by the landlord. The unearned rent paid shall be returned to the tenant within 30 days of service of a written demand.