ANTHONY VENUTI, T/A CAROUSEL MOTEL, PLAINTIFF-APPELLANT,
v.
CAPE MAY COUNTY CONSTRUCTION BOARD OF APPEALS AND THE FIRE PREVENTION AND INSPECTION BUREAU OF THE BOROUGH OF WILDWOOD CREST, DEFENDANTS-RESPONDENTS, AND THE BOROUGH OF WILDWOOD CREST, A MUNICIPAL CORPORATION IN THE COUNTY OF CAPE MAY, DEFENDANT, AND NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, INTERVENOR-RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued January 5, 1989.
Decided March 23, 1989.
Attorney(s) appearing for the Case
William J. Bigham argued the cause for appellant (Hannoch Weisman, attorneys; William J. Bigham, of counsel; Susan Stryker and William J. Bigham, on the brief).
Carmen H. Alvarez argued the cause for respondent, The Fire Prevention and Inspection Bureau of the Borough of Wildwood Crest (Alvarez and Israelow, attorneys; Carmen H. Alvarez, on the brief).
John J. Chernoski, Deputy Attorney General, argued the cause for intervenor-respondent Department of Community Affairs (Cary Edwards, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; John J. Chernoski, on the brief).
A brief was filed on behalf of respondent Cape May County Construction Board of Appeals (Hornstine, Stagliano & Baldini, attorneys; Thomas F. Bradley, on the brief).
Before Judges BRODY, ASHBEY and SKILLMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SKILLMAN, J.A.D.
The issue presented by this appeal is whether subsection F-408.11 of the 1984 BOCA National Fire Prevention Code (Fire Prevention Code), adopted by the Department of Community Affairs (Department) by administrative regulation, N.J.A.C. 5:18-3.1(a), requires portable fire extinguishers to be placed in motel and hotel rooms which contain cooking facilities...
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