City of Pleasantville, NJ
Atlantic County
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Table of Contents
Table of Contents
Chapter 135: Fire Prevention
[HISTORY: Adopted by the City Council of the City of Pleasantville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 30.
Alarms — See Ch. 80.
Uniform construction codes — See Ch. 119.
Fire insurance claims — See Ch. 147.
Fire and emergency vehicular zones in Pleasantville Shopping Center — See Ch. 197, Art. I.
[Adopted 6-7-1982 by Ord. No. 11-1982 as Art. II of Ch. 110 of the 1982 Code]

§ 135-1 Permit application.

Application for a permit required by this article shall be made to the Fire Subcode Official in such form and detail as the Fire Subcode Official shall prescribe. Applications for permits shall be accompanied by plans or drawings as required by the Fire Subcode Official for evaluation of the application.

§ 135-2 Inspection before issuance.

Before a permit is issued, the Fire Subcode Official or the Fire Subcode Official's designated representative shall make or cause to be made such inspections or tests as are necessary to assure that the use and activities for which application is made comply with the provisions of this article.

§ 135-3 Permit authority; term; transfer.

A permit shall constitute permission to maintain, store or handle materials or to conduct processes which produce conditions hazardous to life or property or to install equipment used in connection with such activities in accordance with the provisions of this article. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this article. Said permit shall remain in effect until revoked or for such period of time specified on the permit. Permits are not transferable, and any change in use, operation or tenancy shall require a new permit.

§ 135-4 Compliance.

Plans approved by the Fire Subcode Official are approved with the intent that they comply in all respects to this article. Any omissions or errors on the plans do not relieve the applicant of complying with all applicable requirements of this article.

§ 135-5 Revocation.

The Fire Subcode Official may revoke a permit or approval issued under the provisions of this article if, upon inspection, any violation of the code exists or if conditions of a permit have been violated or if there has been any false statement or misrepresentation as to material fact in the application, data or plans on which the permit or approval was based.

§ 135-6 Fee.

A permit shall not be issued until the designated fee has been paid. The designated fee for the aforementioned permit is $10, and the fee must be paid to the City of Pleasantville.

§ 135-7 Violations and penalties. [1]

Any person who violates the provisions of this article shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 6-3-1985 by Ord. No. 11-1985]

§ 135-8 Local enforcement.

[Amended 12-7-1987 by Ord. No. 27-1987; 8-21-1989 by Ord. No. 13-1989]
Pursuant to N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Code shall be locally enforced in the City of Pleasantville.

§ 135-9 Enforcing agency designated.

[Amended 2-17-1999 by Ord. No. 6-1999]
The local enforcing agency shall be the Fire Official in the Pleasantville Fire Department.

§ 135-10 Duties of enforcing agency.

[Amended 8-21-1989 by Ord. No. 13-1989]
The local enforcement agency shall enforce the New Jersey Uniform Fire Code in all buildings, structures and premises within the established boundaries of the City of Pleasantville, other than owner-occupied buildings used exclusively for dwelling purposes and containing fewer than three dwelling units or buildings, structures and premises owned or operated by the state, interstate agencies or the federal government, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 135-11 Life hazard uses.

The local enforcing agency established by § 135-9 of this article shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.[1]
[1]
Editor's Note: Former § 110-23, Organization, which immediately followed this section, was deleted 2-16-1999 by Ord. No. 6-1999.

§ 135-12 Fire Official; inspectors and employees.

[Amended 8-21-1989 by Ord. No. 13-1989; 8-18-1997 by Ord. No. 30-1997]
A. 
The Fire Official shall be appointed by City Council upon recommendation from the Fire Chief.
[Amended 2-17-1999 by Ord. No. 6-1999]
B. 
The Fire Official shall serve for a term of four years.
C. 
Such inspectors and other employees of the enforcing agency shall be recommended by the Fire Official and Fire Chief and appointed by City Council.
D. 
Inspectors and other employees of the enforcing agency shall be subject to removal by the City Council upon recommendation of the Fire Official and Fire Chief for inefficiency or misconduct. The Fire Official shall be subject to removal by the City Council upon recommendation of the Fire Chief for the same. The Fire Official and inspectors or employees to be so removed shall be afforded an opportunity to be heard by the City Administrator or a designated hearing officer.

§ 135-13 Board of Appeals.

[Amended 8-18-1997 by Ord. No. 30-1997]
Pursuant to Sections 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 Atlantic County Board of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.

§ 135-14 Fees.

[Amended 12-7-1987 by Ord. No. 27-1987; 8-21-1989 by Ord. No. 13-1989; 7-2-1990 by Ord. No. 13-1990; 8-18-1997 by Ord. No. 30-1997]
A. 
The permit fees shall be pursuant to the Uniform Fire Code, N.J.A.C. 5:70-2.9 and N.J.A.C. 5:70-2.3 and N.J.A.C. 5:70-4.19(d).
[Amended 10-7-2002 by Ord. No. 32-2002; 7-7-2003 by Ord. No. 19-2003]
B. 
Non-life-hazard use inspection fees for all buildings and structures that are not classified as life-hazard uses pursuant to the Uniform Fire Code, N.J.A.C. 5:70-2.2. shall be the following for all use groups:
[Amended 10-20-1997 by Ord. No. 46-1997; 10-7-2002 by Ord. No. 32-2002; 7-7-2003 by Ord. No. 19-2003; 12-19-2005 by Ord. No. 41-2005; 2-20-2013 by Ord. No. 1-2013]
Square Footage of Business
Fee
3,000 square feet and under
$50
3,001 square feet to 6,000 square feet
$85
6,001 square feet to 9,000 square feet
$115
9,001 square feet and over
$145
C. 
All inspection fees are due 30 days after inspection. Nonpayment of inspection fee penalty will be two times the fee plus the original fee. (Example: a fee of $50 with penalty ($100) would total $150.)
[Amended 2-20-2013 by Ord. No. 1-2013]

§ 135-15 Violations and penalties.

[Added 8-21-1989 by Ord. No. 13-1989]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $5,000 for each violation.