[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield as indicated in article histories. Amendments noted where applicable.]
Article I False Alarms
Article II Smoke-Sensitive Alarm Devices
[Adopted 8-2-2001 by Ord. No. 517 (Ch. 33, Art. I, of the 1977 Township Code)]
Any person, corporation, partnership or other entity who owns or controls a fire, burglary or other similar alarm device within the Township of Upper Deerfield, which said device causes more than three false alarms in any given calendar year, shall be deemed in violation of the provisions of this article for the fourth alarm or any subsequent false alarms in such calendar year.
As used in this article, the following terms shall have the meanings indicated:
- FALSE ALARM
- An alarm signal necessitating response by the New Jersey State Police or fire and/or ambulance personnel where an emergency situation does not exist. An alarm that has been activated by an external source that is beyond the reasonable control of the subscriber shall not be considered false.
Any person, corporation, partnership or other entity who violates the provisions of this article with respect to the occurrence of a false alarm shall be subject to the following penalties:
First offense (over three false alarms in a calendar year): a fine of not less than $50 nor more than $100.
Second offense [one subsequent false alarm (total of five) in the same calendar year]: a fine of not less than $100 nor more than $250.
Third and subsequent offenses (subsequent false alarms in the same calendar year more than five): a fine of $500 per subsequent offense.
For any violation of this article which results from the failure of an alarm company or service in fulfilling its service obligations to its customers, including the cancellation of any unintended alarm, the assessment shall be against the alarm service or company.
The provisions of this article shall not apply to alarm devices on property owned by public entities or agencies or state, local, county or federal government.
[Adopted 2-6-1992 by Ord. No. 385 (Ch. 52, §§ 52-12 and 52-13, of the 1977 Township Code)]
Any structure within the Township of Upper Deerfield 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 the National Fire Protection Association Standard No. 74-1984 for the installation 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. The smoke-sensitive device 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 § 110-7 of this article.
Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.). For the purposes of this section, the following terms shall have the meanings indicated:
- PORTABLE FIRE EXTINGUISHER
- An operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is: 1) rated for residential use consisting of an ABC type; 2) no larger than a ten-pound rated extinguisher; and 3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency.
- SEASONAL RENTAL UNIT
- A dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.
In any case where a change of occupancy of any building subject to the requirements of § 110-6 is subject to the issuance of a certificate of occupancy or certificate of inspection or other documentary certification of the Township of Upper Deerfield or of the State of New Jersey regarding compliance with laws and regulations relating to safety, health, fitness and upkeep of the premises, no such certificate shall be issued until the municipal office or agency responsible for its issuance has determined that the building is equipped with an alarm device or devices as required by § 110-6.
In the case of a change of occupancy of any building subject to the requirements of § 110-6 to which the provisions of Subsection A of this section do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the Housing Officer of the Township of Upper Deerfield a certificate evidencing compliance with the requirements of this section. The Housing Officer or Building Code Official of the Township of Upper Deerfield shall have jurisdiction over the enforcing of this section, and any fees or inspections required hereunder shall be equal to fees charged for inspections relating to certificates of occupancy or use.
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this article, when the premises does not comply with the requirements of this article, shall be subject to a fine of not more than $500 in the case of a violation for an alarm device, or a fine of not more than $100 in the case of a violation for a portable fire extinguisher, which may be collected and enforced by the local enforcing agency by summary proceedings pursuant to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.).