Borough of Kenilworth, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 9-12-1978 as Ord. No. 78-25; amended in its entirety 4-13-1993 by Ord. No. 93-6. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 78.
Fees and licenses — See Ch. 91.
Fire prevention — See Ch. 94.

§ 165-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPROVED SMOKE DETECTORS
Instruments approved by a nationally licensed testing laboratory for the detection of ionized gases or products of combustion produced by smoldering or burning materials.

§ 165-2 Installation prior to sale or rental of premises.

[Amended 9-27-1995 by Ord. No. 95-23]
With the exception of new construction, no residence or apartment shall be sold, rented or otherwise transferred unless approved smoke detectors are installed in accordance with N.J.A.C. 5:18-4.19 and a certificate of smoke detector compliance has been issued in accordance with N.J.A.C. 5:18-2.20. A certificate of compliance issued pursuant to this chapter shall be valid for a period of 90 days from the date of issuance.

§ 165-3 Inspections.

[Amended 9-27-1995 by Ord. No. 95-23]
No one- to three-family residence or apartment shall be sold, rented or transferred unless the same shall have been duly inspected and approved by the licensed fire official or one of the licensed inspectors employed by the local Bureau of Fire Prevention established under Chapter 94 of this Code to ensure that the same complies with § 165-2 of this chapter.

§ 165-4 Application for inspection; fee.

Application for inspection shall be made, in writing, at the office of the Building Department of the Borough of Kenilworth and be accompanied with a fee of $20 for each rental unit to be inspected or each one-, two-, or three-family structure being sold. The fee shall include one reinspection should noncompliance be determined upon first inspection. A fee of $10 will be charged for each additional inspection to ensure compliance with this chapter.

§ 165-5 Tax Collector statement.

The Tax Collector of the Borough of Kenilworth shall provide to each person requesting a tax search from his/her office a statement calling attention to the provisions of this chapter and shall inform the persons requesting a tax search of the obligation of the owner and seller of real estate to obtain an inspection by the Building Department and to install smoke detectors as provided herein prior to transfer of title.

§ 165-6 Distribution of fees.

[Amended 9-27-1995 by Ord. No. 95-23]
The fee collected shall be distributed in the following manner: The Borough of Kenilworth shall receive half for administrative expenses, and half of the fee shall be paid to the licensed official making the necessary inspection.

§ 165-7 (Reserved) [1]

[1]
Editor's Note: Former § 165-7, Smoke Detector Inspector, was repealed 9-27-1995 by Ord. No. 95-23.

§ 165-8 (Reserved) [1]

[1]
Editor's Note: Former § 165-8, Term of Inspector, was repealed 9-27-1995 by Ord. No. 95-23.

§ 165-9 Violations and penalties.

Any person who violates any provision of this chapter or fails to comply with any provision herein shall be subject to prosecution in the municipal court and, if convicted, shall be subject to a fine of up to $500 for a first offense and up to $1,000 for a second and each subsequent offense. Each day such violation continues shall be deemed a separate and distinct violation of this chapter.

§ 165-10 Enforcement.

[Amended 9-27-1995 by Ord. No. 95-23]
The Bureau of Fire Prevention, the Construction Code Official and the Fire Subcode Official shall have the authority to enforce the provisions of this chapter.