N.J. Admin. Code § 5:71-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:71-2.3 - Local enforcing agencies; establishment

(a) Creation of a local agency shall be subject to the following:

1. A local enforcing agency shall only be created by ordinance adopted by the municipal governing body.

2. The governing body may create or designate a local enforcing agency within the limits of a requesting fire department or district, subject to 5:71-2.4.

3. The governing body may designate as its local enforcing agency a requesting fire department, fire district, or an available county agency. In the event that none of the entities enumerated are available for designation, the governing body may elect to create or designate a local enforcing agency within the municipality. If no agency is created or designated, the Division shall exercise jurisdiction in accordance with 5:71-2.2(b)3.

4. A municipality that has two or more departments or districts within its limits may make different provisions as requested by each. Such provisions shall not establish differing fees or standards within the areas served by separate agencies.

5. Where the governing body shall create two or more agencies because there are two or more departments or districts within its limits, jurisdictional limits for each shall be specified so that each has a distinct geographic area, without overlap.

(b) An ordinance creating one or more local enforcing agencies shall include at least the following provisions:

1. A designation of the organization, office or agency to enforce the Code. The fire official and all other local enforcing agency personnel shall be considered public employees.

2. Provisions governing the appointment of a fire official or fire marshal to serve as the chief administrator of the local enforcing agency, fire inspectors and other personnel as may be necessary to enforce the Code.

i. If the ordinance provides that more than one fire department chief or board of fire commissioners may recommend appointments, the ordinance shall provide a mechanism to facilitate a recommendation.

ii. Nothing in this subsection shall be construed to conflict with or in any way limit the rights of any person under State or local personnel rules or other employment rights provided by Law.

3. A designation of the agency that will be responsible for the periodic inspection of life hazard uses, if such agency is different from the one designated to perform inspections pursuant to the Code for non-life hazard uses. This agency may be the local enforcing agency, the county enforcing agency, or the Division. The ordinance shall not designate any agency that does not have at least one paid fire official and such paid fire inspectors as may be necessary to enforce the Code.

4. Any locally desired Code or permit requirements, provided that such requirements exceed those contained in the Code.

5. Any fees to be charged for non-life hazard uses, or permit inspections which differ from those set forth in the Code, shall be specified.

6. Adoption of any local amendments desired to N.J.A.C. 5:70-3 or 4 in accordance with 5:71-2.8.

7. Repeal any earlier ordinances which the governing body may deem to conflict with or cause confusion with the State Uniform Fire Code.

(c) Creation of a county agency shall be subject to the following:

1. A county enforcing agency shall only be created by ordinance or resolution adopted by the Board of Chosen Freeholders in a county with a duly authorized county fire marshal.

2. Only a county fire marshal shall be designated to serve as the fire official for a county enforcing agency.

3. The ordinance or resolution shall specify whether the county enforcing agency shall:

i. Limit its activity to the inspection of county facilities;

ii. Be available for designation as a local enforcing agency at the request of a local governing body for the inspection of both or either life hazard and non-life hazard uses;

iii. Establish, where necessary, additional periodic inspections, permits or permit requirements beyond those specified in the Code for areas within its jurisdiction. In the event that additional fees for non-life hazard uses are desired, the county shall inform the municipality and coordinate an appropriate enactment.

N.J. Admin. Code § 5:71-2.3

Amended by R.1985 d.611, effective 12/2/1985.
See: 17 N.J.R. 1015(b), 17 N.J.R. 2870(a).
(b)8 deleted; (b)9-12 renumbered (b)8-11.
Amended by R.1987 d.247, effective 6/15/1987.
See: 18 N.J.R. 1225(a), 19 N.J.R. 1078(a).
(a) substantially amended and new (d).
Amended by R.1991 d.359, effective 7/15/1991.
See: 23 N.J.R. 1235(a), 23 N.J.R. 2122(b).
Fire official to serve as the chief administrator of the local enforcing authority.
Amended by R.1993 d.628, effective 12/6/1993.
See: 25 N.J.R. 4363(a), 25 N.J.R. 5466(a).
Amended by R.1995 d.58, effective 3/6/1995.
See: 26 N.J.R. 4258(a), 27 N.J.R. 878(b).