maryclare

ORDINANCE #2026-10C

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 155, § 155-3 (REGISTRATION REQUIREMENTS) AND REPEALING AND REPLACING ARTICLE XIV (INSPECTIONS) OF CHAPTER 95 OF THE BOROUGH CODE

WHEREAS, the Borough previously adopted Ordinance No. 2026-4C, which amended Chapter 155 and Chapter 95 of the Borough Code to reflect the current provision of fire inspection services and establish a rental registration; and

WHEREAS, the Borough has determined that Chapter 155 and Chapter 95 should be further revised and amended to clarify the application of these chapters to seasonal rentals, long-term rentals, and for-sale properties, and to include provisions concerning registration fees and enforcement, amongst other changes to Chapter 155 and Chapter 95 as set forth herein; and

WHEREAS, these changes are in the best interest of safety, health, and welfare of the residents of and visitors to the Borough of Beach Haven.

NOW, THEREFORE, BE IT ORDAINED by the governing body of the Borough of Beach Haven as follows:

SECTION I.  § 155-3 shall be revised to read as follows (with additions bolded and underlined and deletions stricken):

• 155-3 Registration requirements.

1. The Borough shall, upon change of occupancy of a long-term rental property, including one- and two- family dwellings, and one-time annually prior to May 31 for seasonal rentals, require registration and submission of the following documents to the Municipal Clerk:

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2. Copy of a current year certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC) pursuant to the provisions of N.J.A.C. 5:70-2.3 issued by the Ocean County Fire Marshal Borough of Beach Haven.

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SECTION II.  § 95-97 shall be deleted in its entirety and replaced as follows (with additions bolded and underlined and deletions stricken):

Article XIV “Inspections”

• 95-97 All properties shall be inspected upon the sale of property, and rental properties upon the change of tenant for long-term rentals, and one-time annually prior to May 31 for seasonal rentals by the County Fire Marshall in accordance with Uniform Fire Code and Uniform Fire Safety Act and all other laws of the State of New Jersey. Long-term rental shall mean a dwelling unit rented for a term greater than or equal to 126 consecutive days by the same tenant(s) for residential purposes. A seasonal rental shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes.  Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.

Article XIV “Certificates of smoke detector, carbon monoxide alarm (CSACMAPFEC) Inspections”

• 95-97 Rental Properties and Sale of Property.

All rental properties shall be registered with, and inspected by, the Borough prior to tenant occupancy. All properties shall be inspected for CSACMAPFEC compliance upon the sale of property and rental properties upon the change of tenant for long-term rentals and one-time annually prior to May 31 for seasonal rentals pursuant to the provisions of N.J.A.C. 5:70-2.3. A long-term rental shall mean a dwelling unit rented for a term greater than or equal to 126 consecutive days by the same tenant(s) for residential purposes. A seasonal rental shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes.  Certificates of smoke detector and carbon monoxide alarm (CSACMAPFEC) compliance issued by the Borough are required and shall not be transferable.

SECTION III.  § 95-98 shall be enacted to provide as follows (with additions bolded and underlined and deletions stricken):

• 95-98 Fees.

For the sale of property or long-term rental property CSACMAPFEC inspections, the fee shall be $35. This fee shall include only the sale of property or long-term rental property inspection applications received by the Borough more than 10 working days from the settlement or tenant occupancy date. Owners with more than one rental property within the same block and lot shall submit a separate application and fee for each unit.

35. Seasonal rental unit owners submitting applications on or before May 31 shall pay a non-refundable CSACMAPFEC inspection fee of $35. Owners submitting applications after May 31 shall pay a non-refundable CSACMAPFEC inspection fee of $70. Owners with more than one rental property within the same block and lot shall submit a separate application and fee for each unit.

1. Whenever it becomes necessary for the Borough to perform a reinspection of a sale property or a rental property for a violation two or more times, for any reason, there shall be an additional reinspection fee of $35 per reinspection commencing with the third reinspection and each subsequent reinspection.

SECTION IV.  § 95-99 shall be enacted to provide as follows (with additions bolded and underlined and deletions stricken):

• 95-99 Enforcement; violations and penalties.

1. Notice of violation. No structure owner shall be charged with a violation of this article unless written notice of a violation is delivered personally 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 it appears on the tax records of the Borough of Beach Haven, and the structure owner then is afforded 10 calendar days (weekends and legal holidays included) from the date of the personal delivery of the notice of violation to the structure owner or receipt of the notice of violation by mail by the structure owner (which shall be deemed received 5 days after the postmark date or the date identified on the return receipt, whichever is sooner), as the case may be, to bring the subject structure into compliance.

1. Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.

          SECTION VII. Repealer.  All Ordinances or parts of Ordinances inconsistent herewith are repealed to the extent of such inconsistency.  The Clerk of the Borough is authorized to renumber and/or re-codify any sections affected by such repeal to the extent consistent with this Ordinance.

SECTION VIII. Severability.  If any word, phrase, clause, section or provision of this Ordinance shall be found by any Court of competent jurisdiction to be unenforceable, illegal or unconstitutional such word, phrase, clause, section or provision shall be severable from the balance of the Ordinance and the remainder of the Ordinance shall remain in full force and effect.

SECTION IX. Effective Date.  This Ordinance shall take effect upon publication thereof after final passage according to law.

NOTICE

            Public Notice is hereby given that the foregoing Ordinance was introduced and passed on the first reading at a public meeting of the Borough Council of the Borough of Beach Haven, County of Ocean, State of New Jersey, held on June 8, 2026, at 6:00 p.m.  A copy of the ordinance can be obtained, without cost, by any member of the general public at the Office of the Municipal Clerk, 300 Engleside Avenue, Beach Haven, NJ 08008 Monday through Friday, 9:00 a.m. to 4:00 p.m., on our website at www.beachhaven-nj.gov or via email smason@beachhaven-nj.gov.

Further public notice is hereby given that said ordinance shall be considered for final passage and adoption at a public meeting of the Borough Council to be held on July 13, 2026, at 6:00 p.m.

CERTIFICATION

          I, Sherry Mason, RMC, Municipal Clerk of the Borough of Beach Haven, do hereby certify that the foregoing Ordinance was duly adopted by the Borough Council of the Borough of Beach Haven at a public meeting held on the 8^th day of June 2026 a quorum being present and voting in the majority.

IN WITNESS WHEREOF, I have hereunto set my hand an official seal this 8^th day of June 2026.

Sherry Mason, RMC, Borough Clerk

Introduction:                          June 8, 2026

First Publication:                   June 9, 2026

Public Hearing/Adoption:       July 13, 2026     

Second Publication:                July 14, 2026

Effective Date:                        August 2, 2026