[Amended Ord. 116-85, § 1; Ord. 607-04, § 1]
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. 5:70-1.1 et seq.) shall be locally enforced in the City of Wildwood.
[Amended Ord. 116-85, § 2; 10-23-2024 by Ord. No. 1308-24]
The local enforcing agency shall be the Bureau of Fire Prevention which is hereby created in the Fire Department.
[Amended Ord. 116-85, § 3]
The local enforcement agency 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 Wildwood, 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.
[Amended Ord. 116-85, § 4]
The local enforcing agency established by subsection 13A-1.2 of this chapter shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the commissioners of community affairs.
[Amended Ord. 116-85, § 5; 10-23-2024 by Ord. No. 1308-24]
The local enforcing agency established by subsection 13A-1.2 of this chapter shall be a division of the Fire Department and shall be under the direct supervision and control of the Fire Chief or his designee.
[Amended Ord. 116-85, § 6; 10-23-2024 by Ord. No. 1308-24]
a.
Appointment of Fire Official. The local enforcing agency shall be under the supervision of the fire official who shall be appointed by the Fire Chief or his designee pursuant to Title II, Civil Service, of the revised statutes.
b.
Inspectors and Employees. Such inspectors and other employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Fire Chief or his designee pursuant to Title II, Civil Service, of the revised statutes.
c.
Removal from Office. Inspectors and other employees of the enforcing agency shall be subject to removal by the Fire Chief or his designee for inefficiency or misconduct subject to appeal to the mayor. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority.
[Amended Ord. 116-85, § 7]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an order of the local enforcement agency (or agencies) shall have the right to appeal to the Construction Board of Appeals of Cape May County.
[Amended Ord. 116-85, § 8; Ord. 159-86, § 1; Ord. 392-96, § 1; Ord. 607-04, § 2; Ord. 812-10; Ord. 875-11; Ord. 1005-14 § 2; 10-23-2024 by Ord. No. 1308-24]
In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required as such structures are not classified as life hazard uses by the State of New Jersey:
b.
All retail stores, restaurants under 50 occupants, games of chance, or any other use not listed as a life hazard use; $150.00. All kiosks or similar uses as determined by the fire official located within an inspected use in the Boardwalk Zone: $100.00.
c.
All retail, mercantile, storage operations, 0 to 4,999 square feet: $150.00[??].
d.
All retail, mercantile, storage operations, 5,000 square feet to 11,999 square feet: $250.00.
e.
All retail, mercantile, storage operations, 12,000 square feet or more, not listed as a life hazard use: $300.00.
f.
Year round rental unit in a one -or two-family dwelling, $60.00 per unit as per Uniform Fire Code N.J.A.C. 5:70-2.3.
g.
In the discretion of the fire official, vacant buildings will be processed pursuant to N.J.A.C. 5:70-2.7 and assessed fees set forth herein at Subsection 13A-1.9.
h.
Whenever it becomes necessary to perform a reinspection of a non-life hazard use for the same violation or violations two or more times within the same calendar year as the inspection fee was assessed, there shall be a reinspection fee of $50.00 commencing with the third reinspection and each subsequent inspection.
i.
Any condominium (as "condominium" is defined in the New Jersey Condominium Act, N.J.S.A. 46:8B-1 et seq., as amended from time to time) whether or not it is located within a life-hazard use shall register the condominium with the Bureau of Fire Prevention. Such condominium shall be inspected on a cyclical basis as determined by the fire official, but not less than once per year without regard to whether the owners thereof use the condominium for residential purposes, commercial purposes or otherwise at a fee of $50.00 annually for each unit. In, where the condominium building is protected by a common fire detection system or a fire suppression system, there shall be a common area fee of $125.00. The date of the inspection shall coincide with the date on which the life hazard or non-life hazard common area use within which the condominiums are located is to be inspected. Written notice of the date of scheduled inspection shall be provided to the owners or their agents, as they appear on the property tax records of the City of Wildwood, of the condominiums subject to inspection. However, rather than providing notice to individual condominium owners, such notice may be issued and shall have the same effect as if issued to individual owners of record, when issued to the designated condominium contact person, as per ordinance codified at subsection 22-4.2b. Such notice shall be mailed by regular, first class mail. Entry into condominiums for the purposes of conducting inspections pursuant to this paragraph shall be subject to the provisions of N.J.A.C. 5:70-2.1, as amended from time to time.
j.
The governing body may hereafter change fees imposed by this section by resolution, when authorized.
[Amended Ord. 116-85, § 9; Ord. 607-04, § 3; 10-23-2024 by Ord. No. 1308-24]
Pursuant to the Uniform Fire Safety Act (N.J.A.C. 5:70-2.9), permit fees shall be charged as follows:
b.
Where a permit is applied for less than 14 business days prior to the event, the permit fee may be doubled at the discretion of the fire official.
c.
Failure to adhere to the specific conditions(s) of each permit set forth by the Fire Official shall result in the revocation of the permit and subject the permittee of a fine up to $500.00.
[Amended Ord. 281-91, § 1; Ord. 607-04, § 4; 10-23-2024 by Ord. No. 1308-24]
The fee to be charged for a Certificate of Fire Code Status pursuant to the provisions of N.J.A.C. 5:70-2.2 shall be $50.00.
[Amended Ord. 392-96, § 2; Ord. 607-04, § 5; 10-23-2024 by Ord. No. 1308-24
a.
Certificate of Smoke Detector and Carbon Monoxide Alarm, and portable fire extinguisher compliance. Before any one- or two-family or single-family structure is sold, leased or otherwise made subject to change in occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide alarm, and portable fire extinguisher compliance CSACMAPFEC), evidencing compliance with N.J.A.C. 5:70-4.19, from Bureau of Fire Prevention of the City of Wildwood.
1.
The owner, or authorized agent of the owner, shall apply for a CSACMAPFEC on a form provided by the Bureau of Fire Prevention. The application shall be accompanied by the appropriate fee, as set forth in N.J.A.C. 5:70-2.9(d).
(a)
If the application is received 10 business days or more prior to closing, the fee shall be $75.00. If the application is received less than 10 business days prior to closing, the fee shall be $150.00.
2.
All CSACMAPFEC requests involving a change in ownership shall be inspected by personnel from the Bureau of Fire Prevention.
3.
The CSACMAPFEC shall be valid for a period of six months, regardless of the number or frequency of changes in tenancy. Any tenancy changes after the CSACMAPFEC expires will require a new CSACMAPFEC prior to the change.
4.
All other Use Group R properties, as determined by the fire official, may be subject to the requirement for a CSACMAPFEC upon change of ownership only.
b.
An owner who fails to apply for CSACMAPFEC and have inspection completed prior to closing shall be subject to a fine of up to $2,000.00.
c.
Plan Review Fee. Plan reviews conducted in conjunction with the site plan applications, zoning applications or for similar purposes shall bear a fee of $50.00 per review.
d.
Failure to pay the required annual NLHU registration fee when due shall result in a fee equal to the amount of the annual registration fee. Payment of the fee after imposition of the penalty shall not absolve the owner and/or business owner from responsibility for the penalty nor shall payment of the penalty be deemed to absolve the obligation to pay the annual registration fee.
Shall mean fire alarm systems within a structure that electronically send a signal to a fire department, police department or central dispatch center requesting the response of the fire department and/or police department and/or emergency medical technicians. This definition shall also include for the purposes of this section all structures that contain alarm systems with outside audible warning devices, and those structures that have an automatic fire suppression system as defined by New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.).
Shall mean "condominium" 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.
Shall mean "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.
Shall mean "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.
Shall mean all dwelling units as defined by Chapter 14 of the Revised General Ordinances of the City of Wildwood.
Shall mean a box for the storing of 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, common areas, lobbies, mechanical equipment rooms, electrical rooms, elevator controls and other secured or fenced areas. Key boxes shall be approved for such use by the Underwriters Laboratory (UL) and by both the City of Wildwood Fire Chief and the Chief of Wildwood Fire Official.
Shall mean all structures within the City of Wildwood except that for the purposes of this section, structures shall not be deemed to include Use Group R-3 and Use Group R-4 as defined by the New Jersey Uniform Fire Code N.J.A.C. 5:70-1.1 et seq.), as amended from time to time, as referenced by Chapter 13A of the Revised General Ordinances of the City of Wildwood, nor to municipally owned structures.
Shall mean the individual, firm, corporation, partnership, trust or other legal entity holding title to the subject structure. In the case of a structure housing condominiums, "structure owner" shall mean the condominium association or, in the event there is no condominium association, then "structure owner" shall mean all of the condominium owners collectively.
a.
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, or contain an automatic fire alarm or suppression system.
2.
All structures that are classified as falling within any of the following Use Groups, as said use groups as 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 "E"
(c)
Use Group "F"
(d)
Use Group "H"
(e)
Use Group "I-1"
(f)
Use Group "R-1"
(g)
Use Groups "R-2," "R-3" and "R-4," so long as the primary access to the individual units within the subject structure is obtained from the common, interior hallway. As to structures falling within Use Groups "R-2," "R-3" and "R-4," where the primary access to the individual units within the subject structure is not obtained from the common, interior hallway, compliance with this section shall be on a voluntary basis.
3.
All governmental facilities.
b.
Location. Key boxes shall be installed in a location that is approved by the City of Wildwood Fire Chief and the City of 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 points of egress capable of being locked, whether on the interior or exterior of the structure;
2.
Mechanical equipment rooms;
3.
Electrical rooms;
4.
Elevator controls;
5.
Fenced or secured area;
6.
Any other room, enclosure, or area as directed by the City of Wildwood Fire Chief or by the City of Wildwood Fire Official.
All newly constructed buildings, not yet occupied or buildings currently under construction shall comply immediately with this section. All residential use group structures shall comply within six months of the effective date of this section.[1] All other Use Group structures shall comply within nine months of the effective date of this section.[2] Any structure, regardless of Use Group that is subject to the requirement of a certificate of continued occupancy, shall comply prior to the issuance of a CCO. Once a structure has been brought into compliance with this section, said structure shall remain in compliance with this section.
[Amended Ord. 609-04, § 4; 10-23-2024 by Ord. No. 1308-24]
a.
Notice of Violation. No structure owner shall be charged with a violation of this section 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 Wildwood and the structure owner then is afforded ten 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 provision of this section, upon conviction thereof shall be subject to a fine of up to $2,000.00 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 Wildwood in an amount equal to the sum of money expended by the City of Wildwood in connection with providing of the written notice to the structure owner.
