N.J. Admin. Code § 5:71-3.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:71-3.3 - Duties of fire officials and fire inspectors

(a) The fire official shall enforce the code and the regulations and shall:

1. Maintain certification with the Division pursuant to N.J.A.C. 5:71-4;

2. Ensure that notices of violations are served whenever inspections reveal violations;

3. Provide that permit applications are available and assist the public on preparing them when necessary;

4. Review all permit applications for completeness as to form;

5. Ensure that the inspection required for the issuance of a permit is performed in a timely manner;

6. Ensure that no activity or use which requires a permit is carried out without one;

7. Ensure that all life hazard uses are registered;

8. Assist the Division, when requested, with any registration application;

9. Coordinate with the fire subcode official where work to be done to comply with the Fire Code requires a construction permit;

10. Collect all fees and penalties due the local enforcing agency and ensure that they are properly accounted for;

11. Ensure that all requests for variances are properly prepared, documented and approved or denied in a timely manner;

12. Ensure that all persons seeking to appeal are promptly referred to the Construction Code Board of Appeals;

13. Record all notices of violation and determine the amount of all penalties for non-compliance;

14. Ensure that a report of every inspection is completed and properly filed;

15. Take reasonable measures to determine when imminent hazards exist and enforce the law as provided for by the Code;

16. File such reports, forms and certifications as the Division may require;

17. Supervise the work of any assigned inspectors or enforcement personnel to ensure compliance with the Code, completeness and accuracy;

18. Ensure that any agency staff members requiring certification have been certified;

19. Ensure that the procedures of the local enforcing agency conform to the requirements of the Code and the regulations;

20. Prepare and obtain reports required by the regulations;

21. Attend meetings and hearings as required by the Code and the regulations;

22. Coordinate the activities of the local enforcing agency with other Code enforcement agencies and State agencies having a related interest or responsibility;

23. Carry out such other functions as are necessary and appropriate to the position of fire officials including coordinating transition to a successor fire official;

24. Respond to and cause to be investigated any complaints brought under the Code;

25. Investigate, or cause to be investigated, every reported fire or explosion occurring within the jurisdiction that involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such an occurrence is of a suspicious nature, the fire official shall take charge immediately of the physical evidence, and in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, take means to prevent access by any person or persons to such building, structure or premises until such persons designated by law to pursue investigations into such matters become involved and shall further cooperate with such authorities in the collection of evidence and prosecution of the case; and

26. Contact a local or county juvenile firesetter intervention program if, upon determination by an investigative authority having jurisdiction, a juvenile has been involved in a fire setting incident or has exhibited inappropriate behavior involving the misuse of fire or fire safety equipment.

(b) Whenever a fire death occurs within the jurisdiction of a local enforcing agency, the fire official shall notify the Division of Fire Safety by telephone within 48 hours of the death. A Fire Incident and Casualty report shall be forwarded to the Division of Fire Safety within 30 days.

(c) The fire inspector shall enforce the Code and the regulations under the direction of the fire official and shall:

1. Maintain certification with the Division pursuant to N.J.A.C. 5:71-4;

2. Conduct field surveys to identify and register life hazard uses;

3. Conduct fire inspections to ensure compliance with the Code;

4. Where authorized to do so by the fire official, prepare violation notices and orders to abate and serve to the public;

5. Witness the testing of installed detection and protection systems as required by the Code;

6. Read, interpret and apply codes, standards and regulations, including issuing permits;

7. Meet with owner and occupants to explain violations and hazards; and

8. Carry out such other functions as are necessary and appropriate to the position of fire inspector.

N.J. Admin. Code § 5:71-3.3

Amended by R.1985 d.611, effective 12/2/1985.
See: 17 N.J.R. 1015(b), 17 N.J.R. 2870(a).
(a)25 added.
Amended by R.1989 d.556, effective 11/6/1989.
See: 21 N.J.R. 2431(a), 21 N.J.R. 3453(a).
Death reporting requirements established at new (b).
Amended by R.1991 d.359, effective 7/15/1991.
See: 23 N.J.R. 1235(a), 23 N.J.R. 2122(b).
Duties of fire inspector specified.
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).
Amended by R.2001 d.136, effective 5/7/2001.
See: 32 N.J.R. 3363(a), 33 N.J.R. 1403(a).
In (a)16, inserted ", forms and certifications" following "reports" and deleted "from time to time" preceding "require".
Amended by R.2007 d.56, effective 2/5/2007.
See: 38 N.J.R. 3728(a), 39 N.J.R. 380(a).
In (a)25, substituted "; and" for the period at the end; and added (a)26.

Amended by 56 N.J.R. 553(b) effective 4/15/2024