[1997 Code § 192-14]
Pursuant to N.J.S.A. 52:27D-192 et seq., the Uniform Fire Safety
Code shall be locally enforced in the City of Absecon City.
[1997 Code § 192-15]
The local enforcing agency shall be the Bureau of Fire Prevention
in the Absecon Fire Department.
[1997 Code § 192-16]
The local enforcement agency shall enforce the Uniform Fire
Safety Act and the codes and regulations adopted under it in all buildings,
structures and premises within the established boundaries of the City
of Absecon City, other than owner-occupied one-family and two-family
dwellings, and shall faithfully comply with the requirements of the
Uniform Fire Safety Act and the Uniform Fire Code.
[1997 Code § 192-17]
The local enforcing agency established by Section 192-2 of this Article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[1997 Code § 192-18]
The local enforcing agency established in Section 192-2 of this Article shall be a part of the Absecon Fire Department and shall be under the direct supervision and control of the Fire Official, who shall report to the Fire Chief.
[1997 Code § 192-19]
The Fire Official shall be recommended by the Fire Chief and
submitted to the City Administrator for recommendation to the City
Council. City Council shall act on the recommendation of the Administrator.
Fire inspectors and other employees as may be necessary in the local
enforcing agency shall be recommended by the Fire Official and submitted
to the City Administrator for recommendation to the City Council.
City Council shall act on the recommendation of the Administrator.
[1997 Code § 192-20]
The Fire Official shall serve for a term of two years. Any vacancy
shall be filled for the unexpired term.
[1997 Code § 192-21]
The Fire Official and all fire inspectors shall be certified
in accordance with N.J.A.C. 5:16A-4.3.
[1997 Code § 192-22]
Pursuant to N.J.S.A. 52:27D-192 et seq., any person aggrieved
by any order of the local enforcement agency shall have the right
to appeal to the Construction Board of Appeals of the County of Atlantic.
[1997 Code § 192-23]
Permit fees shall be established and specified in N.J.A.C. 5:70-2.1
et seq.
[1997 Code § 192-24]
In addition to the inspections and fees required pursuant to
the Uniform Fire Safety Act and the regulations of the Department
of Community Affairs, the following additional inspections and fees
for those uses not defined as "life-hazard uses" shall be required.
The following buildings, uses, businesses and premises contained in
this section are subject to registration and periodic inspection requirements
as hereby established. Where two or more of the same uses or different
uses exist at the same building or premises, each one shall be considered
as separate and distinct for the purpose of this Article and shall
be registered pursuant thereto.
A.
Buildings and uses defined in the latest edition of the BOCA Basic
National Building Code shall be registered and inspected for compliance
with the provisions of this Article periodically, but not less than
once every 12 months.
B.
All assembly buildings or structures, or parts thereof, used or designed
for the gathering together of persons for purposes such as civic,
social or religious functions, recreation, food or drink consumption
or awaiting transportation with a maximum permitted occupancy of 99
or fewer. Exception: those listed and registered as life-hazard uses
in the New Jersey Uniform Fire Code.
C.
All business buildings and structures, or parts thereof, which are
used for the transaction of business, for the rendering of professional
services or other services that involve stock of goods, wares or merchandise
in limited quantities for uses incidental to office uses or sample
purposes. Exception: those listed and registered as life-hazard uses
in the New Jersey Uniform Fire Code.
D.
All mercantile buildings and structures, or parts thereof, which
are used for display and sales purposes involving stock of goods,
wares on merchandise incidental to such purposes and accessible to
the public, including, among others, retail stores, shops, sales rooms
and markets. Exception: those listed and registered as life-hazard
uses in the New Jersey Uniform Fire Code.
E.
All residential buildings and structures, or parts thereof, in which
families or households live or in which sleeping accommodations are
provided (with or without dining facilities), including but not limited
to hotels, motels, boarding homes, multifamily dwellings and rental
units. Except: one- and two-family dwellings occupied by the holder
of title to the property and those listed and registered as life-hazard
uses in the New Jersey Uniform Fire Code.
F.
All storage buildings and structures, or parts thereof, which are
primarily used for the storage of goods, wares or merchandise, including,
among others, warehouses, storehouses and freight depots. Exception:
those listed and registered as life-hazard uses in the New Jersey
Uniform Fire Code and storage sheds located on single- and two-family
residential lots.
[1997 Code § 192-25]
A.
All penalties as indicated in the New Jersey Administrative Code,
Uniform Fire Code, shall be adopted for the purpose of enforcing this
Article, except those penalties imposed as hereinafter provided for
violations of this Article not included within the Uniform Fire Code.
B.
Except as otherwise provided for in paragraph A. of this section,
any violations of this Article shall be punished by a fine of not
more than $500 or imprisonment for 90 days, or both. Each and every
day that a violation of the provisions of this Article shall continue
after notification thereof by the Bureau of Fire Prevention shall
be deemed a separate and specific violation of this Article. Such
penalties as hereinabove provided shall not be exclusive, and, in
addition thereto, any violation may be abated by a civil action instituted
in a court of competent jurisdiction.
[1997 Code § 192-26]
A.
Whenever the Fire Official shall have cause to believe a building
or use is a specified non-life-hazard use, then the Fire Official
or his designee shall submit a registration survey to the owner of
the building or use. If an owner fails to respond to a registration
survey within 30 days, the Fire Official shall issue a penalty not
to exceed $100 for each 30 days.
B.
The owner of a designated non-life-hazard use shall file with the
Fire Official upon forms provided by the Fire Official an application
for a certificate of registration. Each application shall include
at least the following information:
(1)
The name, address and telephone number of the applicant.
(2)
Where the applicant is a corporation, the names and residential addresses
of each officer, director and stockholder holding more than 10% of
the stock. Stockholder information shall not be required for a publicly
traded stock corporation.
(3)
Where the applicant is a corporation, the name, address and telephone
number of the agent for service of process. The address must be a
physical location and shall not be a post office box.
(4)
A description of the use being applied for, including:
(a)
Geographic location, including street address and tax lot and
block numbers.
(b)
Height of the building in which the use is located.
(c)
Location of use in the building.
(d)
Floor area of use.
(e)
Maximum occupancy when the use is public assembly.
(f)
Description of processes carried out or material stored, when
it is processed, or storage which causes the use to be subject to
registration.
(g)
Other information related to the physical layout or arrangement
of the building, structure or contents, which may include sketches
or diagrams in sufficient detail as may be required by the Fire Official.
(5)
Where the owner of the use and the owner of the building in which
it is located are not the same, then the application shall include
the same information for the owner of the building as is herein required
for the owner of the use.
(6)
The name of the fire and liability insurance carriers, the policy
number and policy amount.
(7)
That the designated non-life-hazard use is not registered as a state
life-hazard use.
C.
If an owner of a designated non-life-hazard use has not fulfilled
the requirements of this section, the Fire Official shall notify the
owner, in writing, that he is in violation of this section and shall
order that the registration shall be accomplished within 30 days.
The notice and order shall include an accurate restatement of the
subsection with which the owner has not yet complied. If the owner
has not complied with the order of the Fire Official within 30 days
of the date the notice was mailed, the Fire Official shall order him
to pay $100 for each registration.
D.
The owner of each designated nonhazard use shall pay the City of Absecon City an annual fee in the amount specified in Section 192-14. The owner of a designated nonhazard use shall pay the annual fee within 30 days of the day to be determined by the Fire Official.
E.
Whenever a designated non-life-hazard use exists under one ownership
at a given location where a State life-hazard use also exists, the
non-life-hazard use shall also be registered with the Fire Official,
provided that the non-life-hazard use is separate and distinct from
the State life-hazard use.
[1997 Code § 192-27; Ord. 12-21-1995; Ord. No. 16-2007]
A.
The following annual registration fees are hereby established for
all additional required inspections contained in this Article:
|
Total Gross Floor Area
(square feet)
|
Fee
| |
|---|---|---|
|
0 to 500
|
$50
| |
|
501 to 2,500
|
$75
| |
|
2,501 to 5,000
|
$100
| |
|
5,001 to 7,500
|
$150
| |
|
7,501 to 10,000
|
$200
| |
|
10,001 to 12,500
|
$225
| |
|
12,501 and more
|
$250
|
C.
Any person requesting a certificate of fire code status from the
Absecon Bureau of Fire Prevention shall pay to the Bureau prior to
the issuance of said certificate a fee of $10.
D.
The above non-life-hazard uses shall be inspected at least once every
18 months.
