The notification of appeal must include the appellant’s registration number, address of the premises involved, the reference numbers of the violations cited, the argument with regard to each and specific code section or other authority the appellant will rely on in support of their position.

You are advised that the appeal MUST be accompanied by the fee of $100.00 Appeals will not be deemed received until payment of the fee is made. (Note: Fees are waived if the appeal is based on the LEA’s failure to act within a required time frame).

TIME EXTENSIONS: If a specified time has been given to abate a violation, YOU MAY REQUEST AN EXTENSION OF TIME by submitting a written request to the Bureau of Fire Prevention and Life Safety to be considered. The request must be made before the compliance date specified and must set forth the work accomplished, the work remaining, the reason why an extension of time is necessary, and, if granted, the date by which all work will be completed. Application forms are available from the Bureau of Fire Prevention.

TAKE NOTICE THAT, pursuant to N.J.A.C. 5:70-2.10(d), an application for an extension constitutes an admission that the violation notice is factually and procedurally correct, and that the violations do or did exist. In addition, the request for an extension constitutes a waiver of the right to a hearing as to those violations for which an extension is applied.

PENALTIES: [As referenced in NJAC 5:70-2.12(e), (f) and (g), and NJAC 2.17(a) and (b)].

5:70-2.12(e) The enforcing agency shall assess a civil penalty whenever such shall be likely to assist in bringing about compliance. The penalty shall be in such amount as the enforcing agency deems necessary and appropriate to bring about compliance except that penalties shall not exceed those set forth below for the various types of violations listed.

1. Failure to respond to a registration application survey when one is served – $ 500 maximum each occurrence.
2. Failure to pay required annual registration fee on time – $ 500 maximum each occurrence.
3. Failure to obtain a required permit prior to commencing an operation, process or activity for which a permit is required;
   i. Type 1 permit – a maximum of $ 100 for each occurrence.
   ii. Type 2 permit – a maximum of $ 500 for each occurrence.
   iii. Type 3, 4, or 5 permit – a maximum of $ 1,000 once.
4. Failure to obtain a required permit after being ordered to do so while continuing the operation, process or activity for which the permit is required – a maximum of $ 5,000 per day during which the operation, process or activity continues without application being made.
5. Failure to install required protection equipment after having been given written notice of the requirement to do so – a maximum of $ 1,000 per violation per day.
6. Failure to abate any violation after having been given notice of the violation – a maximum of $ 500 per violation per day.
7. Storage of any material in violation of this Code or the conduct of any process in violation of the Code – a maximum of $ 500 per violation per day that this violation continues.
8. Blocking, locking, or obstructing required exits:
   i. In a place of public assembly – a maximum of $ 5,000 per occurrence.
   ii. In any other place – a maximum of $ 1,000 per occurrence.
9. Disabling or vandalizing any fire suppression or alarm device or system.
   i. In a place of public assembly – a maximum of $ 5,000 per occurrence.
   ii. In any other place – a maximum of $ 1,000 per occurrence.
10. Failure to obey a notice of imminent hazard and order to vacate – a maximum of $ 5,000 per day the failure continues.
11. Failure to obey an order to close for a fixed period of time issued pursuant to this subsection – a maximum of $ 5,000 per day that the failure continues.
12. Obstructing the entry of an authorized inspector into a premises – a maximum of $ 500 for each occurrence.
13. Any willfully false application for a permit or registration – a maximum of $ 1,000.00 for each occurrence.
14. Any other act or omission prohibited by the Act or the Regulations but not enumerated in this subsection – a maximum of $ 5,000 per violation per day.

5:70-2.12(f) If an owner has been given notice of the existence of a violation of this chapter or any other violation of the Act and fails to abate the violation, he/she shall, in addition to being liable to the penalties set forth in (e) above, be liable to dedicated and compensatory penalties in accordance with NJAC 5:70-2.17(a).

5:70-2.12(g) The enforcing agency shall have the right to compromise or settle any claims arising out of the assessment of a penalty provided such compromise or settlement shall be likely to bring about compliance.

1. No claim shall be finally compromised or settled so long as the violation which caused its assessment remains in existence.
2. If a penalty assessed pursuant to (e) above is compromised, any dedicated or compensatory penalty assessed pursuant to NJAC 5:70-2.17(a), other than a penalty in the amount of the actual cost of suppressing the fire and other actual expenses, shall be compromised to the same extent.

5:70-2.17(a) When an owner has been given notice of the existence of a violation and has not abated the violation, he/she shall in addition to being liable to the penalty provided for by NJAC 5:70-2.12, be liable to a dedicated penalty assessed pursuant to this subsection.

1. Whenever any penalty is assessed pursuant to NJAC 5:70-2.12, then a dedicated penalty in like amount shall be assessed pursuant to this section.
2. The amount of any dedicated penalty assessed pursuant to this subsection shall be in accordance with the standards set forth in NJAC 5:70-2.12(e), except that a dedicated penalty of up to $ 50,000 for each violation may be assessed where there is a serious injury or loss of human life directly or indirectly resulting from any unabated violation.
3. Dedicated penalties assessed pursuant to the requirements of this subsection shall be assessed only once and shall not be assessed each day, as may be done in the case of penalties assessed pursuant to NJAC 5:70-2.12.

NOTICE: IF YOU REQUIRE GUIDANCE OR ADVICE CONCERNING YOUR LEGAL RIGHTS, OBLIGATIONS OR THE COURSE OF ACTION YOU SHOULD FOLLOW CONSULT YOUR OWN ADVISER.