[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena as indicated in article histories. Amendments noted where
applicable.]
[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Editor's Note: This ordinance superseded former Art.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.
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.
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."
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.
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.
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.
[Amended at time of adoption of Code]
Pursuant to N.J.A.C. 5:70-2.19(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.
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.
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.
D.
A certificate will be issued after an inspection or certification
of compliance has been completed.
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.[2]
[2]
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.
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.
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.
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.
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.
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.
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:
[Adopted 11-15-1993 by Ord. No. 412]
[Amended at time of adoption of Code]
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 inspection fees as set forth in Chapter 115, Article V, for inspection of R-1 and R-2 use groups.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
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.
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.[2]
[2]
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.
[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 in Ch. 115, Art. V.
[Amended at time of adoption of Code]
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.
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.
[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.
[Amended 10-15-2001 by Ord. No. 486]
