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Township of Montague, NJ
Sussex County
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[HISTORY: Adopted by the Township Committee of the Township of Montague 8-13-85 by Ord. No. 85-6. Amended in its entirety 7-12-11 by Ord. No. 2011-07. Subsequent amendments noted where applicable.]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383) the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Township of Montague.
The local enforcing agency shall be the Township of Montague 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.
A. 
The local enforcement agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Township of Montague other than one and two unit owner-occupied dwellings premises owned or operated by federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
C. 
The fire official shall also be referred to as the Fire Marshal in the Township of Montague.
A. 
The Bureau of Fire Prevention established by Section 36-2 of this chapter shall be under the direct supervision and control of a Fire Official who shall report to the governing body of the Township of Montague.
B. 
The Bureau of Fire Prevention shall have at least one paid inspector.
A. 
Appointment and qualifications of the Fire Official. The Fire Official shall be certified by the state and appointed by the governing body upon the recommendation of the Fire Chief.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the Governing Body upon the recommendation of the Fire Official.
C. 
Appointment of legal counsel. The Township Attorney shall act as legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official shall serve for a term of a minimum of one year. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. The Fire Official, inspectors and other employees of the agency shall be subject to removal by the Governing Body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the Governing Body or a hearing officer designated by same.
[Amended 8-14-12 by Ord. No. 2012-08; 4-27-2021 by Ord. No. 2021-07; 4-26-2022 by Ord. No. 2022-06]
A. 
Except as provided in § 36-6B, fees for inspection and certificate of smoke detector, carbon monoxide alarm, and portable fire extinguisher compliance are provided for by this section. The application fee for a certificate of smoke detector, carbon monoxide alarm, and portable fire extinguisher compliance ("CSACMAPFEC"), as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining before the change of occupant is expected, as follows:
(1) 
Requests for a CSACMAPFEC received more than 10 business days prior to the change of occupant: $45.
(2) 
Requests for a CSACMAPFEC received four to 10 business days prior to the change of occupant: $90.
(3) 
Requests for a CSACMAPFEC received fewer than four business days prior to the change of occupant: $161.
(4) 
Reinspection fee for all units that fail the inspection: $50.
B. 
As concerns short-term rental properties, defined by § 54B-1, fees for inspection and certificate of smoke detector, carbon monoxide alarm, and portable fire extinguisher compliance are provided for by this section. The application fees for a certificate of smoke detector, carbon monoxide alarm, and portable fire extinguisher compliance ("CSACMAPFEC"), as required by N.J.A.C. 5:70-2.3, shall be as follows:
(1) 
A $45 application fee ("fee") shall be imposed in connection with requests for a CSACMAPFEC made as part of an initial application for short-term rental permit, which requests shall be inherent to the application for short-term rental permit established by § 54B-9E, and which fee shall be drawn from the $750 application fee imposed by § 54B-9E.
(2) 
A $45 application fee ("fee") shall be imposed in connection with requests for a CSACMAPFEC made as part of an application for short-term rental permit renewal, which requests shall be inherent to the application for short-term rental permit renewal established by § 54B-9F, and which fee shall be drawn from the $350 application fee imposed by § 54B-9F.
(3) 
Reinspection fee for all units that fail the inspection: $50.
[Amended 8-14-12 by Ord. No. 2012-08; 2-22-2022 by Ord. No. 2022-03]
A. 
In addition to the registrations required by the New Jersey Uniform Fire Code, the following non-life hazard business uses shall register with the Montague Fire Prevention Bureau. These uses shall be registered annually and pay the required fee. The premises shall be periodically inspected within a two-year cycle to assure compliance with the New Jersey Uniform Fire Code.
(1) 
Businesses less than 1,500 square feet: $40.
(2) 
Businesses over 1,500 square feet and under 3,000 square feet: $65.
(3) 
Businesses over 3,000 square feet and under 6,000 square feet: $100.
(4) 
Businesses over 6,000 square feet and under 12,000 square feet: $150.
(5) 
Multifamily dwellings (Use Group R-2)up to four units with common areas: $100.
(6) 
Multifamily dwellings (R-2) with more than four units with common areas: $150.
(7) 
Hotels and motels without interior stairways: $75.
B. 
All rental units regardless of use group shall obtain a CSDCMAC (Certificate of Smoke Detector and Carbon Monoxide Alarm and Portable Fire Extinguisher Compliance).
C. 
All short-term rentals require a CSDCMAC Annually.
[Added 11-29-2022 by Ord. No. 2022-18]
A. 
The application fees for the permits listed in N.J.A.C. 5:70-2.7(b) and 5:70-2.9(c) shall be as provided by state regulation and are currently as follows:
Type
Fee
1
$54
2
$214
3
$427
4
$641
B. 
The cost for the issuance of a Certificate of Fire Code Status shall be $35.
C. 
The fees established by this section may be periodically adjusted by resolution or amending ordinance to ensure compliance and consistency with N.J.A.C. 5:70-2.7 and N.J.A.C. 5:70-2.9.
[Added 5-9-2023 by Ord. No. 2023-04]
No certificates provided for pursuant to this chapter shall be issued in connection with any property that has open permits, outstanding required inspections, or unresolved violations of the Township Municipal Code, until such permits are closed, inspections are completed, and violations are resolved.