[2000 Code § 21:1-1]
Pursuant to N.J.S.A. 52:27D-192 et seq., the New Jersey Uniform
Fire Code shall be locally enforced in the municipality of Avalon.
[2000 Code § 21:1-2]
The local enforcing agency shall be the Bureau of Fire Prevention,
Code Enforcement Department of the Borough of Avalon.
[2000 Code § 21:1-3]
The Bureau shall consist of a Fire Official and additional personnel
as required to carry out the duties as required by the State Department
of Community Affairs and Fire Safety Act.
[2000 Code § 21:1-4]
As used in this section.
shall mean the Borough Solicitor.
shall mean the fire official representative of the Borough
of Avalon.
shall have the meaning ascribed to it in N.J.S.A. 55:13A-3
as the same may be from time to time amended and supplemented. Without
in any way intending to limit the generality of the foregoing, the
term "Hotel" shall mean any building, including but not limited to
any related structure, accessory building and lands appurtenant thereto,
and any part thereof, which contains ten (10) or more units of dwelling
space or has sleeping facilities for twenty-five (25) or more persons
and is kept, used, maintained, advertised as, or held out to be, a
place where sleeping or dwelling accommodations are available to transient
or permanent guests.
shall have the meaning ascribed to it in N.J.S.A. 55:13A-3
as the same may from time to time be amended or supplemented. Without
in any way intending to limit the generality of the foregoing, the
term "Multiple Dwelling" shall mean any building or structure of one
(1) or more stories and any land appurtenant thereto, and any portion
thereof, in which three (3) or more units of dwelling spaces are occupied,
or are intended to be occupied by three (3) or more persons who live
independently of each other.
[2000 Code § 21:1-5]
The Bureau of Fire Prevention 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 Borough
of Avalon other than owner-occupied one- and two-family dwellings
and shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
[2000 Code § 21:1-6]
The Bureau of Fire Prevention shall carry out the periodic inspections
of the life hazard uses required by the Uniform Fire Code on behalf
of the Commissioner of Community Affairs.
[2000 Code § 21:1-7; New]
a.
Inspections Prior to Transfer. The Bureau of Fire Prevention shall,
upon the sale of property including one- and two-family dwellings,
conduct a fire inspection prior to settlement for the purpose of:
1.
Establishing that the occupancy has not been changed or will not
be changed unless the structure has been upgraded to the new use as
required under New Jersey Administrative Code 5:23-2.6(b) (change
in use group).
2.
Establishing the proper protection of residential dwelling units
by the use of smoke detection, referenced in National Fire Protection
Association (NFPA) publication 72, also known as the National Fire
Alarm Code.
3.
Determination that a residential dwelling conforms to the Uniform
Fire Code requirement for issuance of a certificate of smoke detector
and carbon monoxide alarm compliance (CSDCMAC) (N.J.A.C. 5:70-4.19).
The CSDCMAC is issued by the Licensing Clerk after the residence under
agreement for sale passes inspection by the Bureau of Fire Prevention.
b.
Hotel and Multiple Dwelling Inspections.
1.
Each hotel and multiple dwelling shall be inspected by the local enforcing agency of the Borough of Avalon pursuant to N.J.A.C. 5:18-1 of the New Jersey Uniform Fire Code as the same may be amended and supplemented and N.J.A.C. 5:10-1.3(d) of Chapter 10, Maintenance of Hotels and Multiple Dwelling Regulations, as the same may be amended and supplemented.
2.
Each such unit shall be inspected at least once in each twelve (12)
month period.
3.
Effective July 1, 2022, portable fire extinguishers, of the minimum
type described in this section, shall be required within all dwelling
units within a multiple-dwelling structure when such unit shall contain
cooking facilities of any nature or type. Portable fire extinguishers
shall be installed and maintained in accordance with the following:
[Added 5-25-2022 by Ord.
No. 843-2022]
(a)
The fire extinguisher shall be within 10 feet of the cooking
area and shall be located along normal paths of travel, including
exits from areas;
(b)
The extinguisher shall be readily accessible and not obstructed
from view;
(c)
The extinguisher shall be mounted using the manufacturer's
hanging bracket so the operating instructions are clearly visible;
(d)
Fire extinguishers shall not be installed under conditions where
they are subject to physical damage (e.g., damage from impact, vibration,
the environment);
(e)
The extinguisher shall be an approved listed and labeled type
with a minimum rating of a 2A-10B:C and no more than 10 pounds;
(f)
The owner's manual or written operation instructions shall
be provided during the inspection and left for the new occupant;
(g)
The extinguisher shall be serviced and tagged by a certified
Division of Fire Safety contractor within the past 12 months or a
receipt for a recently purchased extinguisher is present for the inspection;
(h)
The top of the extinguisher shall not be more than five feet
above the floor and the bottom a minimum of four inches off the floor;
(i)
Portable fire extinguisher shall be listed and labeled in accordance
with the edition of NFPA 10 in effect at the time of purchase of the
fire extinguisher;
(j)
When there is a conflict between these requirements and another
applicable regulation, the installation and maintenance of portable
fire extinguishers shall comply with the stricter requirement.
Exception 1. Portable fire extinguishers in R-1, hotel or motel
units, shall be in accordance with N.J.A.C. 5:70, the New Jersey Uniform
Fire Code.
Exception 2. When the physical features of the dwelling unit
do not permit the installation of a portable fire extinguisher in
strict accordance with these regulations, the Fire Official may approve
an alternate installation arrangement.
[2000 Code § 21:1-8]
The local enforcing agency shall be under the direct supervision
of a Fire Official who shall be in charge of the Bureau of Fire Prevention.
[2000 Code § 21:1-9]
The Fire Official shall serve for a term of four (4) years and
any vacancy shall be filled for the unexpired term.
[2000 Code § 21:1-10]
Such inspectors and other employees, as may be necessary in
the local enforcing agency, shall be appointed by the Mayor upon the
recommendation of the Fire Chief and the Fire Official.
[2000 Code § 21:1-11]
Inspectors and other employees of the enforcing agency shall
be subject to removal as provided by this Code, the Borough personnel
practices and by law. Each inspector or employee to be removed shall
be afforded an opportunity to be heard by the appointing authority.
[2000 Code § 21:1-12]
Pursuant to N.J.A.C. 5:70-2.19, any person aggrieved by an order
of the local enforcement agency shall have the right to appeal to
the Construction Board of Appeals of the County of Cape May.
[2000 Code § 21:1-13]
In addition to the fees required pursuant to the Uniform Fire
Safety Act and the regulations of the Department of Community Affairs,
additional inspections and fees, and permit fees shall be established
and may be amended as necessary, by resolution of the Borough Council.
