[HISTORY: Adopted by the North Wildwood City
Council as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-23-1994 by Ord. No. 1196]
[Amended 6-4-2003 by Ord. No. 1438]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c.383[1]) the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et
seq.) shall be locally enforced in the City of North Wildwood.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 2-18-2020 by Ord. No. 1794]
The local enforcing agency shall be the Bureau
of Fire Prevention which is hereby created in the Department of Construction
Inspection.
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 City of North Wildwood, other than owner-occupied
one- and two-family dwellings used exclusively for dwelling purposes
and other than buildings, structures and premises owned or operated
by the federal government, interstate agencies or the State of New
Jersey. The Bureau of Fire Prevention shall faithfully comply with
the requirements of the Uniform Fire Safety Act[1] and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
A.
The Fire Official shall be certified by the State of New Jersey and shall be appointed by the Mayor with the advice and consent of City Council in accordance with the provisions of § 3-12 of the Code of the City of North Wildwood.
[Amended 4-7-2020 by Ord. No. 1802]
B.
Inspectors and other employees of the Bureau of Fire Prevention shall be appointed by the Mayor with the advice and consent of City Council in accordance with the provisions of § 3-12 of the Code of the City of North Wildwood.
[Amended 2-18-2020 by Ord. No. 1794]
C.
In the absence of appointment by the Mayor and City
Council of special legal counsel to represent the Bureau of Fire Prevention,
the City Solicitor shall be the designated attorney to assist the
Bureau of Fire Prevention in enforcing the Uniform Fire Code.
[Amended 2-18-2020 by Ord. No. 1794]
D.
The Fire Official shall serve for a term of three
years. Any vacancy shall be filled for the unexpired terms.
E.
The Fire Official, inspectors and other employees
of the agency shall be subject to removal by the Public Safety Committee
of the North Wildwood City Council for just cause. Before removal
from office, all persons shall be afforded an opportunity to be heard
by the Public Safety Committee of the North Wildwood City Council.
Appeal is available under Civil Service statutes and regulations.
The local enforcing agency established by §240-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 4-4-2000 by Ord. No. 1348; 6-4-2003 by Ord. No. 1438; 9-4-2007 by Ord. No. 1524]
A.
In addition to the registration 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 and
shall pay an annual fee as set forth below:
(1)
Retail stores.
(a)
Less than 2,000 square feet: $75.
(b)
2,001 square feet to 3,000 square feet: $85.
(c)
3,001 square feet to 4,000 square feet: $90.
(d)
4,001 square feet to 6,000 square feet: $135.
(e)
6,001 square feet to 8,000 square feet: $165.
(f)
8,001 square feet to 10,500 square feet: $210.
(g)
10,501 square feet to 11,500 square feet: $270.
(h)
11,501 square feet to 12,000 square feet: $285.
(i)
Greater than 12,000 square feet: $285 plus $15 per each 1,000
square feet or portion thereof.
(2)
Eating and drinking establishments and assembly uses with occupancy
under 50 persons: $100.
(3)
Dwelling units.
(a)
One-, two- and three-family non-owner-occupied (occupied for
any portion of year by persons other than the owner): $40;
(b)
Four to seven units: $125;
(c)
More than seven units: $175;
(d)
Condominiums/townhouses: $35;
(f)
All condominium units in 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.
B.
Uses not classified above that are subject to the Uniform Fire Code
will be classified as retail stores.
C.
Uses required to register with the state as life-hazard uses shall
not be required to register under this section.
D.
In the discretion of the Fire Official, vacant buildings will be
charged and inspected according to the previous use of the building.
[Added 3-2-1999 by Ord. No. 1317[1]; amended 6-4-2003 by Ord. No. 1438; 9-4-2007 by Ord. No. 1524; 3-16-2021 by Ord. No. 1828]
A.
Before any one- and two-family or attached single-family structure
is sold, leased, or otherwise made subject to a change of occupancy
for residential purposes, the owner shall obtain a certificate of
smoke alarm, carbon monoxide alarm, and portable fire extinguisher
compliance CSACMAPFEC, evidencing compliance with N.J.A.C. 5:70-4.19,
from the appropriate enforcing agency.
(1)
Where a municipality has existing inspection or approval requirements
under a property maintenance or other municipal code, a CSACMAPFEC
shall not be required; provided, however, that the agency responsible
for the enforcement of that code shall not issue any certificate of
inspection or occupancy or other approval under such municipal code
until it has determined that the dwelling complies with the requirements
of N.J.A.C. 5:70-4.19.
(2)
Where no municipal inspection or approval requirement exists, the
agency responsible for enforcement of the Uniform Fire Safety Act
shall be responsible for issuance of the CSACMAPFEC.
(a)
The Department, where it serves as the enforcing agency, may,
upon application by a local fire department, delegate to that fire
department the responsibility and authority for issuance of the CSACMAPFEC
within the municipality, or portion of a municipality, served by that
fire department.
(3)
The owner, or authorized agent of the owner, shall apply for a CSACMAPFEC
on a form provided by the enforcing agency. The application shall
be accompanied by the appropriate fee, as set forth in N.J.A.C. 5:70-2.9(d).
(4)
A CSACMAPFEC shall not be transferable. If the change of occupancy
specified in the application for a CSACMAPFEC does not occur within
six months, a new application shall be required.
(a)
The enforcing agency may issue a CSACMAPFEC for a seasonal rental
unit for a period of up to 12 months, regardless of the number or
frequency of changes in tenancy.
B.
The enforcing agency, unless it is otherwise required to inspect
the structure under a property maintenance or other municipal code,
may accept, in lieu of inspection, a certification that one or more
smoke alarms and carbon monoxide alarms, as applicable, have been
installed and tested in accordance with N.J.A.C. 5:70-4.19. Such certification
shall be upon forms provided by the enforcing agency.
C.
No CSACMAPFEC or municipal certificate of occupancy shall be issued
for any one- and two-family or attached single family structure, or
unit therein, as the case may be, unless the structure or unit contains
a carbon monoxide alarm meeting the requirements of UL Standard 2034;
provided, however, that no carbon monoxide alarm shall be required
in any building that does not contain any fuel-burning appliances
and does not have an attached garage. An "open parking structure,"
as defined in the building sub-code of the State Uniform Construction
Code, shall not be deemed to be an attached garage.
[1]
Editor's Note: This ordinance replaced former
§ 240-9, Technical amendments, which was originally adopted
as "(Reserved)" and did not contain any text.
Pursuant to Section 15 and 17 of the Uniform
Fire Safety Act,[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208.
Enforcement and violations and penalties shall
be managed in conformity with the Uniform Fire Safety Act, the Uniform
Fire Code and all other laws of the State of New Jersey.
[Adopted 5-6-2003 by Ord. No. 1437]
A.
AUTOMATIC FIRE SUPPRESSION SYSTEM
CONDOMINIUM
CONDOMINIUM ASSOCIATION
CONDOMINIUM UNIT OWNER
DWELLING UNIT
KEY BOX
STRUCTURE
STRUCTURE OWNER
As used in this article, the following terms shall
have the meanings indicated:
Fire suppression systems within a structure that electronically
send a signal to a fire department, police department or central dispatch
center requesting response of the fire department and/or police department
and/or emergency medical technicians.
Means “condominium” as defined by the Condominium
Act, N.J.S.A. 46:88-1 et seq., and, specifically, as defined in N.J.S.A.
46:8B-3.
Means “association” as defined by the Condominium
Act, N.J.S.A. 46:8B-1 et seq., and, specifically, as defined in N.J.S.A.
46:8B-3.
Means “unit owner” as defined by the Condominium
Act, N.J.S.A. 46:8B-1 et seq., and, specifically, as defined in N.J.S.A.
46:8B-3.
All dwelling units within the City of North Wildwood as defined by § 276-7 of the Code of the City of North Wildwood.
Means a box for storing keys to or for rooms or areas, access
to which is capable of being locked with a key-operated lock. Such
rooms or areas include, but are not necessarily limited to, dwelling
units, mechanical equipment rooms, electrical rooms, elevator controls
and other secured or fenced areas. Key boxes shall be approved for
such use by the Underwriter’s Laboratory (UL) and by both the
City of North Wildwood Fire Chief and the City of North Wildwood Fire
Official.
All structures within the City of North Wildwood, as defined by § 276-7 of the Code of the City of North Wildwood, except that, for the purposes of this article, structures shall not be deemed to include Use Group R-3 and Use Group R-4 structures as defined by the BOCA National Building Code as made applicable to the City of North Wildwood by means of Chapter 228 of the Code of the City of North Wildwood nor to municipally owned structures.
The individual, firm, corporation, partnership, trust or
other legal entity holding legal title to the subject structure. In
the case of a structure housing condominiums, “structure owner”
shall mean the condominium association or, in the event that there
is no condominium association, then “structure owner”
shall mean all of the condominium owners collectively.
[Amended 9-4-2007 by Ord. No. 1524; 3-16-2021 by Ord. No. 1828]
A.
Key box required. The following structures shall be required to be
equipped with a key box:
(1)
All structures that are required by law to be equipped with an automatic
fire-suppression system and/or a fire alarm system.
(2)
All structures that are classified as falling within any of the following
use groups, as said use groups are defined by the New Jersey Uniform
Fire Code (N.J.A.C. 5:70-1.1 et seq.), as amended from time to time:
(a)
Use Group A;
(b)
Use Group B;
(c)
Use Group E;
(d)
Use Group F;
(e)
Use Group H;
(f)
Use Group I-1;
(g)
Use Group M;
(h)
Use Groups R-2, R-3 and R-4 without regard to whether the primary
access to the individual units within the subject structure is obtained
from a common, interior hallway or whether primary access to units
located within the subject structure is not from a common, interior
hallway.
(3)
All governmental facilities, not occupied 24 hours a day, seven days
a week.
B.
Location. Key boxes shall be installed in a location that is approved
by the City of North Wildwood Fire Chief and by the City of North
Wildwood Fire Official.
C.
Contents. As to each structure that is required to have a key box,
the key box shall contain keys to the following:
(1)
All dwelling units;
(2)
All points of egress capable of being locked, whether on the interior
or exterior of the structure;
(3)
Mechanical equipment room;
(4)
Electrical rooms;
(5)
Elevator controls;
(6)
Fenced or secure area;
(7)
Any room, enclosure or area that contains fire suppression and/or
fire detection/alarm equipment;
(8)
Any other room, enclosure or area as directed by the City of North
Wildwood Fire Chief or by the City of North Wildwood Fire Official.
All existing structures for which a certificate
of occupancy has been issued shall be brought into compliance by the
structure owner within six months of the effective date of this article
and, thereafter, shall remain at all times in compliance with this
article. All structures that have not been issued a certificate of
occupancy shall be brought into compliance with this article by the
structure owner as a condition for issuance of a certificate of occupancy
and, upon issuance of a certificate of occupancy, shall remain in
compliance with this article at all times.
A.
Notice of violation. No structure owner shall be charged
with a violation of this article unless written notice of a violation
personally is delivered to the structure owner or is sent by regular
first class mail and simultaneously by certified mail, return-receipt
requested, to the structure owner at the structure owner’s address
as appears on the tax records of the City of North Wildwood and the
structure owner then is afforded 10 calendar days (weekends and legal
holidays included) from the date of the personal delivery of the notice
of violation to the structure owner or from the date of the mailing
of the notice of violation to the structure owner, as the case may
be, to bring the subject structure into compliance.
B.
Penalties. Any structure owner that violates any of
the provisions of this article, upon conviction thereof, shall be
subject to a fine of up to $1,250 and/or 90 days in the county jail
for each day of offense or violation. Each day that a violation continues
after the ten-calendar-day notification period expires shall constitute
a separate offense. Upon conviction, a structure owner shall be ordered
to make restitution to the City of North Wildwood in an amount equal
to the sum of money expended by the City of North Wildwood in connection
with the providing of the written notice of violation to the structure
owner.
