[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-12-1978 by Ord. No. 78-25; amended in its entirety 4-13-1993 by Ord. No. 93-6]
As used in this article, the following terms shall have the
meanings indicated:
Instruments approved by a nationally licensed testing laboratory
for the detection of ionized gases or products of combustion produced
by smoldering or burning materials.
[Amended 9-27-1995 by Ord. No. 95-23; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
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. 5:70-4.19 and
a certificate of smoke detector compliance has been issued in accordance
with N.J.A.C. 5:70-2.3. A certificate of compliance issued pursuant
to this article shall be valid for a period of 90 days from the date
of issuance.
[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 article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 as set forth in Chapter 91, Fees and Licenses, 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 as set forth in Chapter 91, Fees and Licenses, will be charged for each additional inspection to ensure compliance with this article.
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 article 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.
[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.
[1]
Editor's Note: Former § 165-7, Smoke Detector
Inspector, was repealed 9-27-1995 by Ord. No. 95-23.
[1]
Editor's Note: Former § 165-8, Term of Inspector,
was repealed 9-27-1995 by Ord. No. 95-23.
Any person who violates any provision of this article 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 article.
[Amended 9-27-1995 by Ord. No. 95-23]
The Bureau of Fire Prevention, the Construction Official
and the Fire Subcode Official shall have the authority to enforce
the provisions of this article.
[Adopted 10-12-2016 by Ord. No. 2016-09]
As used in this article, the following terms shall have the
meanings indicated:
A device that automatically dials and relays a prerecorded
message to a central station or the Fire Department.
A system or assembly of piping, valves, controls, and sprinklers
which are designed and installed to comply with the National Fire
Protection Association (NFPA) standards, which utilize water, foam,
carbon dioxide, or other gas to automatically react to suppress fire.
An office of a private company to which remote alarm and
supervisory signaling devices are transmitted and where personnel
are in attendance at all times to supervise the circuits and investigate
signals.
The Fire Chief or his/her designee.
A secure rapid entry system that is designed to be used by
Fire Department personnel in the event of an emergency to gain entry
into a structure by using the enclosed owner-provided key(s). This
box is usually mounted on the exterior of the building in a location
that is specified by the Fire Official. All boxes shall be UL (Underwriters
Laboratories) certified, Knox Box brand, and approved by the Fire
Official.
A wet or dry system of piping, valves, outlets and related
equipment designed to provide water or a fire retardant at specified
pressures and installed exclusively for the fighting of fires.
Unless otherwise determined, in writing, by the Fire Official,
the following structures shall be equipped with a key lock box of
a type and size and at a location approved by the Fire Official:
A.
All new commercial buildings shall be equipped with a key lock box
prior to the issuance of the certificate of occupancy.
B.
All existing commercial buildings constructing additions, major renovations,
or changes of use that require Borough Zoning or Planning Board approval
shall be equipped with a key lock box prior to the issuance of any
necessary permits.
C.
All existing commercial buildings with new occupancies by tenants
shall be equipped with a key lock box prior to the issuance of a certificate
of continued occupancy.
D.
Each building protected by an automatic fire suppression and/or standpipe
system and not manned 24 hours a day, seven days a week.
E.
Each building protected by an automatic fire alarm system (automatic
dialer, central station, external audible/visual alarm) and not manned
24 hours a day, seven days a week.
F.
Multifamily residential structures that have restricted access through
locked doors but have a common corridor for access to the living units,
including, but not limited, to condominium buildings.
G.
Schools, whether public or private.
H.
Governmental structures and nursing care facilities, unless the building
is staffed or open 24 hours a day, seven days a week.
I.
Any other commercial building that the Fire Official reasonably believes
would benefit from having a secure lock box.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The property owner is required at all times to keep a key(s) in the
key lock box that will allow access to the structure. The key lock
box shall contain, but not be limited to, the following items as designated
by the Fire Official:
(1)
Labeled keys to locked points of ingress and egress, whether in interior
or exterior of such buildings;
(2)
Labeled keys to the locked mechanical rooms;
(3)
Labeled keys to locked elevator rooms and controls;
(4)
Labeled keys to any fence or secured areas;
(5)
Labeled keys to areas of the building where fire alarm panels and
fire protection systems are located;
(6)
Labeled keys to any other areas that may reasonably be required by
the Fire Official;
(7)
A card containing the emergency contact names and phone numbers for
the building;
(8)
Floor plans of the rooms within the building showing locations of
shutoffs;
(9)
Hazardous materials information; and
(10)
An inventory of the keys.
B.
The property owner shall notify, in writing, the Borough Fire Department
when any or all of the locks or keys have been changed and shall keep
the immediate area of the key lock box free and clear of any and all
obstructions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The property owner shall apply for a registration for a key lock box on forms provided by and obtained from the Fire Official. A registration with a check made payable to the Borough in the amount set forth in Chapter 91, Fees and Licenses, is required prior to the installation of a key lock box in order to verify the proper size, mounting location and installation of said key lock box. The key lock box shall be installed at a location approved by the Fire Official. No key lock box shall be installed, voluntarily or otherwise, without first obtaining the approval of the Fire Official. The property owner shall be responsible for the cost to purchase, install, and maintain the key lock box.
A.
All existing buildings required to have a key lock box shall comply
with this article within one year from the date notified by the Fire
Official. All newly constructed buildings not yet occupied or buildings
currently under construction and all buildings or businesses applying
for a certificate of occupancy shall comply immediately upon passage
of this article. In any event, the owner of any structure in the Borough
with hazardous material in sufficient quantities to be a significant
threat as determined by the Fire Official shall comply with this article
within 60 days from receipt of written notice from the Fire Official.
The cost of purchasing and installing, along with any cost associated
with implementation of the program at a specific property, will be
borne by the property owner and/or business owner.
B.
In even-numbered years, each key lock box shall be inspected for continued compliance with regard to all the required contents. The property owner and/or business owner shall pay for the reinspection per key in the lock box. The reinspection fee is included in Chapter 91, Fees and Licenses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Any property owner and/or business owner failing to comply with this
article shall be subject to a fine of not more than $200 nor less
than $100 for each day of violation or noncompliance.
B.
Any tenant that has changed a lock to an area which has a key in
the lock box and has failed to provide a key to the Fire Official
shall be subject to a fine of not more than $200 nor less than $100
for each day of violation or noncompliance.
C.
If a landlord or tenant is a business entity such as a corporation
or LLC or LLP which is in violation of this article, then the president
of the corporation or the managing member shall be personally responsible
for the penalty imposed and if not paid within 10 business days shall
be subject to imprisonment for up to 30 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void or ineffective for any
cause, or reason, shall not affect any other portion of this article.
All Borough ordinances and parts of ordinances that are inconsistent
with this article are hereby repealed.