Borough of Kinnelon, NJ Article II Fire Prevention Code

[Adopted 4-18-1963 by Ord. No. 2-63 (Ch. 56, Art. II, of the 1972 Code)]

§ 123-10 Adoption of act and regulations by reference.

[Amended 3-16-1967 by Ord. No. 3-67; 5-17-1984 by Ord. No. 5-84; 5-20-2010 by Ord. No. 8-10]

There is hereby adopted by the Borough of Kinnelon, County of Morris, State of New Jersey, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain act known as the "Uniform Fire Safety Act", N.J.S.A. 52:27D-192 et seq. (P.L. 1983, c. 383) and state regulations, including the New Jersey Uniform Fire Code promulgated thereunder, including future amendments thereto, save and except such portions as may be hereby deleted, modified or amended, and the same are hereby adopted and incorporated as if fully set forth at length herein; and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Borough of Kinnelon.

§ 123-11 Definitions.

For the purposes of this article, the terms used herein are defined as follows:

MUNICIPALITY

The Borough of Kinnelon.

§ 123-12 Enforcement.

[Amended 7-18-1985 by Ord. No. 4-85]

This article, together with the code and regulations hereby adopted, shall be locally enforced in the Borough of Kinnelon by the Kinnelon Bureau of Fire Prevention, which shall be designated as the enforcing agency in accordance with and pursuant to P.L. 1983, c. 383, of the Uniform Fire Safety Act;[1] provided, however, that nothing herein contained shall be deemed to relieve the Building Inspector of the Borough of Kinnelon and all other law enforcement officers of the Borough of Kinnelon carrying out the intent of this article.

[1] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 123-13 Duties.

[Amended 7-18-1985 by Ord. No. 4-85]

A. The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises subject to the Act within the established boundaries of the Borough of Kinnelon and shall faithfully comply with all statutory and regulatory requirements.

[Amended 8-15-1991 by Ord. No. 11-91]

B. The local enforcing agency shall be under the direct supervision of a Fire Official, who shall be appointed by the Mayor and Council and who may be the individual who is the Fire Subcode Official of the Borough.

C. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor and Council upon the recommendation of the Kinnelon Volunteer Fire Company.

§ 123-14 Life-hazard uses.

[Amended 7-18-1985 by Ord. No. 4-85; 5-20-2010 by Ord. No. 8-10]

The local enforcing agency established by § 123-12 of this article shall carry out the periodic inspections of life-hazard uses required by the New Jersey Uniform Fire Code on behalf of the Commissioner of Community Affairs.

A. The application fee for a permit shall be as follows:

[Added 6-21-2018 by Ord. No. 3-18]

(1) Type 1: $54.

(2) Type 2: $214.

(3) Type 3: $427.

(4) Type 4: $641.

(a) Exception: There shall be no fee for Type 4 permits for storage or activity at a premises registered as a life-hazard use in accordance with N.J.A.C. 5:70-2.

§ 123-15 Board of Appeals.

[Amended 6-17-1984 by Ord. No. 5-84]

A person aggrieved by any ruling, action, order or notice of the local enforcing agency pursuant to this article and N.J.S.A. 52:27D-192 et seq. shall be entitled to an administrative hearing before the Construction Board of Appeals by the 15th day after the receipt by the person of notice of the ruling, action, order or notice complained of.

§ 123-16 Modification of provisions.

In any particular instance, the Bureau of Fire Prevention, and the Mayor and Council when acting as a Board of Appeals, shall have the power to modify any of the provisions of the code hereby adopted when there are practical difficulties in the way of carrying out the strict letter of such code; provided, however, that the spirit of said code shall be observed, public safety secured and substantial justice done.

§ 123-17 Violations and penalties. [1]

[Amended 7-18-1985 by Ord. No. 4-85]

A. In addition to the enforcement and penalty provisions as more specifically set forth in the New Jersey Uniform Fire Code, any person, firm or corporation violating this article or the code hereby adopted shall be subject, upon conviction, to one or more of the following at the discretion of the court a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days.

[Amended 5-1-1972 by Ord. No. 9-72; 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90; 5-20-2010 by Ord. No. 8-10]

B. The imposition of the above penalty shall not be held to prevent the enforced removal of the prohibited condition if the Bureau of Fire Prevention deems the same to be an imminent threat to life and property.

C. Such penalties received by the Fire Prevention Bureau within this municipality shall be placed in a specific fund, and such fund shall be considered a dedication by rider to the budget under N.J.S.A. 40A:4-39, for the sole purpose stated above.[2]

[Added 8-19-1993]

[2] Editor's Note: The purpose stated read in part as follows: "The statutory authority of P.L. 1991, c. 489, requires the establishment of this account."

[1] Editor's Note: Original § 56-7, Appeals, which was included in this article, was repealed 5-17-1984 by Ord. No. 5-84.

§ 123-18 Variance application fee.

[Added 12-19-1985 by Ord. No. 12-85; amended 5-20-2010 by Ord. No. 8-10]

An application fee of $50 shall be paid for each variance application made pursuant to N.J.A.C. 5:70-2.14, which shall be paid to the Borough by the applicant at the time each application is filed.

§ 123-19 Inspection fee for non-life-hazard uses.

[Added 12-19-1985 by Ord. No. 12-85; amended 5-20-2010 by Ord. No. 8-10]

A. The Fire Prevention Bureau shall perform a fire safety inspection at least every other year, in addition to those duties set forth in §123-8, of all non-life-hazard structures in the Borough which are not exempt from inspection pursuant to N.J.A.C. 5:70-2.4. "Non-life-hazard use" is defined as all those structures which are not specifically designated as "life-hazard uses" pursuant to N.J.A.C. 5:70-1.5 and 5:70-2.4 and which are not specifically excluded from inspection provisions pursuant to N.J.A.C. 5:70-2.4.

B. The annual registration fee for each non-life-hazard use shall be $50, which shall be paid to the Borough of Kinnelon on or before January 31 of each calendar year.

§ 123-20 Application fee for a Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance (CSDCMAC).

[Added 8-15-1991 by Ord. No. 11-91; amended 11-15-2007 by Ord. No. 20-07; 5-20-2010 by Ord. No. 8-10]

A fee shall be paid for each application for a CSDCMAC pursuant to the Uniform Fire Safety Act (N.J.S.A. 52:27D-192, et seq.) and N.J.A.C. 5:70-2.3, which certification shall be required prior to each change of occupancy to verify that the subject one- or two-family residence is equipped with appropriate smoke detectors and carbon monoxide alarms. Said fee shall be defined as follows:

A. Ten or more days prior to closing: $50.

B. Five to nine days prior to closing: $100.

C. Four days or less prior to closing: $165.

[Amended 6-21-2018 by Ord. No. 3-18]