New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 71 - FIRE CODE ENFORCEMENT
Subchapter 3 - ORGANIZATION, ADMINISTRATION AND ENFORCEMENT
Section 5:71-3.3 - Duties of fire officials and fire inspectors
Universal Citation: NJ Admin Code 5:71-3.3
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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