Borough of Oakland
Fire Prevention Bureau
Certificate of Approval for Occupancy and Fire Certificate
Application Packet For Resale of a Single and Two Family Home Includes:
- Step by Step Process to get full Certificate of Approval for Occupancy.
- Board of Health Requirements and Septic Information.
- Fire Certificate Process.
- Building Requirements.
- Application – This portion is the only part that must be filled out and complete and returned to the Fire Prevention Office.
Fees due at time of submission of application:
Residential Fire Certificate: $85.00
Residential Certificate of Approval for Occupancy: $115.00
(Includes relator sign fee and Board of Health review fee)
Residential Fire Certificate Expedite Fee: $50
Residential Fire Certificate Reinspection Fee = $50
(This fee is collected only when applicable.)
Residential Certificate of Approval for Occupancy Extension Fee: $30 for 30 days
We currently only accept check or exact cash. Checks can be made out to ‘Oakland Borough’.
Change of Occupancy for Rentals: Step by Step Process
For Single and Two Family Homes
Below is a step by step process to obtain a Fire Certificate and Certificate of Approval for Occupancy for the Borough of Oakland for renting out a Single Family or Two family home. The purpose of a Fire Certificate is to ensure that the property meets basic safety requirements.
Should you have any questions regarding any of the below, please reach out to fireassistant@oakland-nj.org or call 201-337-8111 x2025 for clarification and/or help.
- Submit a Fire Certificate and Certificate of Approval for Occupancy application form & fee to the Fire Prevention office.
The Fire Certificate application can be found on the Borough website www.oakland-nj.org by going to Departments > Fire Prevention > Certificate of Approval for Occupancy and Fire Certificate > Fire Certificate Application for Rentals - Residential.
The application should be submitted at least 30 days prior to closing and can be done as soon as the house has a renter. The application should be submitted by the owner of the home.
- Board of Health – Approval Process
Board of Health will need to review and approve the applications once received. If the building is on well water you will need to provide a report to the Board of Health at time of submission.
For more information please visit: https://www.state.nj.us/dep/watersupply/pw_pwta.html
- Open Building Permits and Property Maintenance Violations
Once the Fire Prevention Department has the application they will check for any open building permits or property maintenance violations and will reach out to the property owners to get the permits and/or violations closed out.
- Fire Certificate and What Is Looked For During Fire Inspection
The Fire Certificate is for SETTLEMENT PURPOSES ONLY and does not allow occupancy of the premise. The complete Certificate of Approval for Occupancy will be needed to occupy the premise. Please see pages 3 through 6 for more details.
Below is what is looked at during a fire inspection:
Smoke Detectors
Smoke detectors must be installed on each level of the dwelling, including the basement, and within ten (10) feet of each separate sleeping area. The detectors must be hardwired or ten-year sealed battery-powered. More detail on pages 5–6.
Carbon Monoxide Detectors
Carbon Monoxide detectors must be installed within ten (10) feet of each separate sleeping area. For example, if you have one bedroom in a basement and three on a second floor, then you would need two carbon monoxide detectors.
Carbon Monoxide detectors can be battery, hardwire, or plug-in operated. More detail on pages 5–6.
Fire Extinguisher
One (1) fire extinguisher, UL listed, labeled, charged and operable, rated for residential use, size no smaller than 2A:10B:C and no more than 10 lbs.
The extinguisher must be visible and in a readily accessible location, typically the kitchen. The extinguisher must be near an exit or travel path that provides an escape route to the exterior of the dwelling. More details on page 7.
House Numbers
House numbers must be in a contrasting color, three (3) inches high, permanently affixed, and clearly visible near the front door and light.
- Building Inspection
While the Fire Inspector is conducting the fire inspection, if they see something that is a concern regarding UCC rules and regulations, they will contact the Construction Official to conduct a building inspection on the property.
A building inspection will only be necessary if one is called in; otherwise, no building inspection will be necessary.
Examples include: water heater and boiler blow-off pipe must be within six (6) inches from the floor, holes in the ceiling of the garage, and no extension cords may be used as a permanent form of wiring.
Fire Prevention Information for Fire Certificate
Below is more information regarding Smoke detectors, Carbon Monoxide detectors, fire extinguishers, regarding placement and types.
Smoke Detectors
The State of New Jersey requires, by Sections N.J.A.C. 5:70-2.3 and 4.9 of the New Jersey State Uniform Fire Code, a Smoke Detector Certification.
ANY DETECTOR THAT IS OLDER THAN 10 YEARS MUST BE REPLACED UNDER THIS REQUIREMENT AND IN ACCORDANCE WITH NFPA 72 (14.4.5.4.1 AND 14.4.5.5)
Smoke detector requirements vary because of changes of code changes adopted over the past years. At a minimum, homes were not altered or made larger and built prior to January 1977 require battery detectors to level and outside of each sleeping area usually within 10 feet of any bedroom doors. The use of a be installed. One on each combination Smoke and CO detector is allowed to fulfill the requirements.
AS OF JANUARY 1, 2019, 10-YEAR SEALED BATTERY ONLY POWERED ALARMS SHALL BE INSTALLED IN ACCORDANCE WITH ANSI/UL 217 AND ALL BATTERY-OPERATED SMOKE DETECTORS THAT USE REMOVABLE BATTERIES MUST BE REPLACED WITH THE SEALED BATTERY REQUIREMENT MENTIONED ABOVE.
Any building constructed after January 1977 needs to meet the requirements of the code at the time the building was constructed. If the code only required hard wired smoke detectors on one or two floors, hardwired detectors need to be installed on each floor. However, AC-powered single or multiple-station smoke alarms installed as part of the original construction or rehabilitation project SHALL NOT be replaced with BATTERY ONLY powered smoke alarms (Hardwired stays hardwired).
Where to Locate Detectors:
Detectors are to be located on every level of a residence, (basement, first floor, second floor, etc) (excluding crawl spaces and unfinished attics) and in every separate sleeping area, between sleeping areas and living areas such as the kitchen, garage, basement or utility room.
Depending on the year the structure was built, locations vary, some have just hallway or corridor detectors and others have them hardwired in the bedroom along with the other locations. If they are multi-level, you should have one on every level in the locations noted below. Please see below diagrams for more information about placement in multi level and single level homes.
Where NOT to locate Detector:
To avoid false alarms and/or improper operation, avoid installing smoke detectors in the following areas:
- Kitchens – Smoke from cooking may cause nuisance alarms.
- Bathrooms – Excessive steam from a shower may cause nuisance alarms.
- Near forced air ducts – Used for heating or air conditioning – air movement may prevent smoke from reaching detector.
- Near furnaces of any type – Air and dust movement and normal combustion products may cause a nuisance alarm.
ALL INSTALLED SYSTEMS MUST BE MAINTAINED AT ALL TIMES (IFC 907.1.11.2)
Carbon Monoxide Detectors
Carbon Monoxide Alarms should be installed within 10 feet of any sleeping areas so they will be audible in each bedroom. Multiple Carbon Monoxide Alarms may be necessary to accomplish this requirement. The use of a combination Smoke and CO detector are allowed to fulfill the requirement.
Carbon Monoxide Alarms may be battery type, AC plug-in type and shall be listed and labeled in accordance with UL-2034 and installed in accordance with NFPA-720
Fire Extinguishers
Fire extinguishers must be located within ten (10) feet of the kitchen and placed in the exit or travel path. The extinguisher must be visible and in a readily accessible location.
The top of the fire extinguisher shall not be more than five (5) feet above the floor and must be mounted using the manufacturer’s hanger or brackets.
The extinguisher shall be a minimum size of 2A:10B:C, weigh no more than ten (10) pounds, and be accompanied by the owner’s manual or proper written instructions. The extinguisher must be listed, labeled, charged, and operable.
The extinguisher must have been serviced and tagged by a contractor certified by the New Jersey Division of Fire Safety within the past twelve (12) months, or the seller must provide proof of a recent purchase receipt.
The requirements for extinguisher type and placement are as follows N.J.A.C. 5:70-4.19(e):
- At least one portable fire extinguisher shall be installed in all one- and two-family dwellings upon change of occupancy.
- The extinguisher shall be listed, labeled, charged, and operable.
- The size shall be no smaller than 2A:10B:C, rated for residential use, and weigh no more than ten (10) pounds.
- The hangers or brackets supplied by the manufacturer must be used.
- The extinguisher must be within ten (10) feet of the kitchen and located in the path of egress.
- The top of the extinguisher must be no more than five (5) feet above the floor.
- The extinguisher must be in a readily accessible location and not obstructed from view.
- The owner’s manual or written information regarding operation shall be provided during the inspection.
- The extinguisher shall be serviced and tagged within the past twelve (12) months, or the seller must provide a receipt for a recently purchased extinguisher.
Borough of Oakland – Questions and Answers Borough of Oakland
Helpful Questions and Answers
Please see below for some helpful questions and answers regarding Fire Certificates, Certificates of Approval for Occupancy, and related inspection requirements.
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Can I install battery detectors instead of hardwired ones?
Answer: NO. Building codes since 1977 require all detectors that were originally installed at the time of construction be maintained and kept up to date. If the home has hardwired detectors, they must remain hardwired and be ten (10) years old or less.
Homes built prior to 1977 did not have detectors installed and may have battery-only devices, with one located outside the bedroom area and one on each level of the home. See questions 4 and 13.
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How long do detectors last?
Answer: Detectors manufactured today are designed to last ten (10) years. Any detector that is close to the age limit is advised to be replaced even if it is still within the timeframe.
Detectors must be replaced with new ten (10) year battery backup devices going forward. Recently, detectors and batteries have been found removed and not replaced, or replaced in non-working order.
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I have a low voltage system. Do I need to have it tested?
Answer: YES. All low voltage systems that are not part of the original construction must be tested annually by a qualified service company.
At the time of sale, the system must have been tested and actively monitored within the same year of the sale, with no errors or faults, in accordance with NFPA 72.
The NFPA 72 form is the guideline the tester must use, and the NFPA 72 report is required for review.
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Do I need to have my building permits closed before a fire inspection is done?
Answer: YES. All building permits and property maintenance violations must be closed before a fire inspection can be scheduled.
If any permits or violations are open, the Fire Prevention Clerk will notify the property owner prior to scheduling an inspection.
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Do fire extinguishers go bad?
Answer: YES. Fire extinguishers do have expiration dates. Residential fire extinguishers should have been purchased within one (1) year of selling the home.
It is suggested that the receipt be kept with the extinguisher as proof of purchase.
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When do I need to submit the paperwork for the CAO and Fire Certification?
Answer: The application for the Certificate of Approval for Occupancy (CAO) and Fire Certification should be submitted at least thirty (30) days prior to the closing date.
This allows adequate time for inspections and review of all required paperwork.
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Do I need to complete a CAO and Fire Certificate for a single-family rental property?
Answer: YES. A Fire Certificate and Certificate of Approval for Occupancy are required for all single-family rental properties.
If the property is on a well, a well report will be required by the Board of Health. Additionally, a Lead-Based Paint Safe Certificate is required as of July 2022 for all rental properties constructed prior to 1978.
For more information regarding the Lead-Based Paint inspection, please contact our office and/or review pages 7 and 8 of this packet.
Borough of Oakland – Lead-Based Paint Inspections and Guide Borough of Oakland
Lead-Based Paint Inspections and Guide
As of July 2022, the Lead-Based Paint Inspections in rental dwellings require periodic inspections for certain rental dwellings constructed prior to 1978 for the purpose of identifying lead-based paint hazards, one of the biggest sources of lead exposure for children.
Lead-based paint is usually not a hazard if it is in good condition and is not located on an impact or friction surface, such as a window. Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and requires attention.
Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust can also form when painted surfaces bump or rub together. Lead chips and dust can reside on surfaces and objects that people touch.
The owner of the property may hire a certified inspector to test the property prior to submitting a change of occupancy application. If a certificate is not provided with the application, the Borough will perform the inspection or hire a certified lead evaluation contractor to perform the inspection.
Inspections are required every three (3) years or upon tenant turnover.
Dwellings Required to Be Inspected
All single-family, two-family, and multiple rental dwellings must be inspected. The following dwellings are exempt:
- Dwellings constructed during or after 1978.
- Single-family and two-family seasonal rental dwellings rented for less than six (6) months per year by tenants without consecutive lease renewals.
- Dwellings certified to be free of lead-based paint pursuant to N.J.A.C. 5:17-3.6(b).
- Multiple rental dwellings registered with the Department of Community Affairs for at least ten (10) years with no outstanding lead violations from the most recent cyclical inspection performed under the “Hotel and Multiple Dwelling Law” (N.J.S.A. 55:13A-1).
- Multiple dwellings constructed prior to 1978, registered for at least ten years, and issued a certificate of inspection by the Department of Community Affairs, Bureau of Housing Inspection, are exempt.
- Multiple dwellings registered for at least ten years with an open inspection and no paint violations are also exempt.
Dwellings with a valid lead-safe certificate issued pursuant to P.L.2021, c.182 are exempt while the certificate remains valid. Lead-safe certificates are valid for two (2) years from the date of issuance.
Periodic Inspection Procedure
For dwellings located in a municipality in which less than three percent (3%) of children tested, six (6) years of age or younger, have a blood lead level greater than or equal to five (5) micrograms per deciliter, the inspection may be carried out through a visual inspection.
For dwellings located in a municipality in which at least three percent (3%) of children tested, six (6) years of age or younger, have a blood lead level greater than or equal to five (5) micrograms per deciliter, the inspection must be carried out through dust wipe sampling.
All rental dwelling units required to be inspected must be inspected within two (2) years of the effective date of the law, July 22, 2022, or upon tenant turnover, whichever is earlier. This means the first inspection must occur no later than July 22, 2024.
After the initial inspection, all units must be inspected every three (3) years or upon tenant turnover, whichever is earlier. An inspection upon tenant turnover is not required if the owner has a valid lead-safe certificate.
In all scenarios, the next inspection should be scheduled three (3) years from the date of issuance of the most recent valid lead-safe certificate.
What Is a Visual Assessment?
A visual assessment is an examination of all painted building components for deteriorated paint or visible surface dust, debris, or residue. The inspector will also look for paint chips, dust from painting activities that were not properly cleaned, and paint residue on floors.
What Are Dust Wipe Samplings?
Dust wipe sampling is performed by wiping representative surfaces, including floors (carpeted and uncarpeted), interior windowsills, and other similar surfaces, and testing them in accordance with a method approved by the United States Department of Housing and Urban Development (HUD).
Samples must be collected properly to ensure accurate results.
Penalties for Failure to Comply
If the dwelling owner fails to cure a violation within thirty (30) days, the owner may be subject to a penalty not exceeding one thousand dollars ($1,000) per week until the required inspection has been completed or remediation efforts have been initiated.
For more in-depth information regarding these requirements, please visit:
https://www.nj.gov/dca/divisions/codes/resources/leadpaint.html
For more information regarding the Borough ordinance, please visit the Borough website at www.oakland-nj.org.