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 Borough of Wildwood Crest.
The local enforcing agency shall be the Bureau of Fire Prevention of the Borough of Wildwood Crest.
A. 
The Bureau of Fire Prevention shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Borough of Wildwood Crest other than one and two unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by federal government, interstate agencies or the state.
B. 
The Bureau of Fire Prevention shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcing agency established by Section 35-11 of this ordinance 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 local enforcing agency established by Section 35-11 of this ordinance shall be under the direct supervision and control of the Fire Official, who shall report to the Commissioner of Public Safety of the Borough of Wildwood Crest.
A. 
Appointment of Fire Official. The local enforcing agency shall be under the supervision of the Fire Official, who shall be appointed by the Board of Commissioners.
B. 
Term of Office. The Fire Official shall serve for a term of four years. Any vacancy shall be filled for the unexpired term.
C. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Commissioner of Public Safety upon the recommendation of the Fire Official.
D. 
Removal from office. The Fire Official, inspectors and other employees of the enforcing agency shall be subject to removal by the Board of Commissioners for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the Board of Commissioners.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, 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 Cape May.
[Amended 10-24-2018 by Ord. No. 1289-2018]
In addition to the inspections and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional registration fees shall be required with a mandatory inspection cycle once per year for the uses to which this fee is applied:
A. 
Retail stores.
(1) 
Under 2,000 square feet: $40.
(2) 
Over 2,000 square feet to 3,999 square feet: $65.
(3) 
Over 4,000 square feet to 12,000 square feet: $100.
B. 
Restaurants and coffee shops.
(1) 
Occupancy under 50 persons: $75.
C. 
Dwelling units.
(1) 
Two to four units: $75.
(2) 
Five to nine units: $125.
(3) 
Ten to 29 units: $200.
(4) 
Thirty to 49 units: $250.
(5) 
Fifty or more units not classified as life hazards: $295.
(6) 
Single dwelling units, condominiums/townhouses per unit: $35.
(7) 
Condominium buildings — common area
Two to nine units
$75
Ten to 19 units
$150
Twenty or more units
$195
D. 
All condominium units for non-life hazard and life hazard use buildings that do not meet the definition for Use Group R-3 (pursuant to N.J.A.C. 5:70-1.5, 17) shall be assessed a $35 per unit registration fee and each unit shall be registered as an individual property owner within these buildings.
E. 
Single-family and two-family dwellings pursuant to N.J.A.C. 5:70 shall be inspected and charged a fee upon sale or change of tenant, as follows:
[Amended 11-3-2021 by Ord. No. 1364]
(1) 
Upon 10 or more business days' notice: $50.
(2) 
Upon four to 10 business days' notice: $90.
(3) 
Upon fewer than four business days' notice: $160.
(4) 
Re-inspection: $50.
F. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as retail stores.
G. 
Uses required to register with the State of New Jersey as life hazard uses shall not be required to register under this section.
[Amended 10-24-2018 by Ord. No. 1289-2018; 11-3-2021 by Ord. No. 1364]
The state permit fees as established by N.J.A.C. 5:70 are as follows:
Type 1:
$54
Type 2:
$214
Type 3:
$427
Type 4:
$641
Any person who shall violate the provisions of this ordinance, or fail to comply therewith, shall be subject to the provisions of N.J.S.A. 52:27D-210, and said statute is repeated herein as if fully set forth.
Failure to pay a permit or registration fee will result in a penalty equal to the amount of the unpaid fee. Payment of the fee after the imposition of the penalty shall not absolve the owner from responsibility for the penalty.
The minimum penalty for noncompliance shall be $50 and the maximum shall not exceed the amount as set forth in the New Jersey Uniform Fire Code. Abatement of a violation after the imposition of the penalty shall not absolve the owner from responsibility to pay the penalty.