As used in this article, words used in the present tense include
the future; words are intended to be gender neutral; the singular
number includes the plural, and words importing the plural include
the singular. The following terms shall have the meanings indicated:
The "Uniform Fire Safety Act," P.L. 1983, c. 383, N.J.S.A.
52:27D-192 et seq., and includes all Acts amendatory and supplementary
thereto and all regulations adopted pursuant thereto.
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
(N.J.), as those terms are defined by N.J.S.A. 45:15-3; however, such
term may include a licensed real estate broker or salesman of the
State of N.J. if such person designated by the owner as their agent
is so licensed.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow, or any room or rooms in
a rooming house or boardinghouse, or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building, whether designed with or without housekeeping facilities,
for dwelling purposes and notwithstanding whether the apartment be
designed for residence, for office, for the operation of any industry
or business, or for any other type of independent use.
Noncombustible containers approved by the Fire Marshal for
use in burning open fires or outdoor fires, which include but may
not be limited to chimeneas, outdoor fireplaces, fire pits, patio
warmers or other portable wood-burning devices used for outdoor recreation
and/or heating and which meet the minimum standards set forth in this
article.
A person appointed by the Fire Director to assist the Bureau
Chief and designated to direct the enforcement of the N.J. Uniform
Fire Code by the appointing authority of the local enforcing agency
(LEA) jurisdiction; an authorized representative of the Fire Marshal/Fire
Official, who is certified per N.J.A.C. 5:71-4.3.
The State Fire Prevention Code is promulgated by the Commissioner
of the Department of Community Affairs (DCA) pursuant to the authority
of the "Uniform Fire Safety Act" (P.L. 1983, c.383, N.J.S.A. 52:27D-192
et seq.).
An organization, office, or individual responsible for enforcing
the requirements of a code or standard or for approving equipment,
materials, an installation, or a procedure; the State Fire Marshal,
his authorized deputies, or the local fire enforcement authority.
A vehicle of the fire department, police vehicles, and such
ambulances and other vehicles as are approved by the Chief Administrator
of the N.J. Motor Vehicle Commission (MVC), when operated in response
to an emergency call, any vehicle that is licensed in accordance with
N.J.A.C. 8:40 or N.J.A.C. 8:41 and any ambulance of a volunteer first
aid, rescue, or ambulance squad that has been certified in accordance
with 27:5F-27, and any "first response" vehicle or other vehicles
of a volunteer first aid, rescue or ambulance squad that bears governmental
or other "no fee" registration, and any "first response" vehicle of
a hospital that bears governmental or other "no fee" registration,
for purposes of 39:1-1 and this chapter when operated in response
to an emergency. Any vehicle of the State Office of Emergency Management
(OEM) or of a county or municipal OEM that bears governmental registration
for purposes of 39:1-1 and this chapter when operated in response
to an emergency. Any vehicle bearing governmental registration, when
being operated by a "fire official" or "fire inspector" as defined
in N.J.A.C. 5:71-1.4 to travel to the scene of a fire or explosion
in accordance with N.J.A.C. 5:71-3.3, for purposes of 39:1-1 and this
chapter. It is lawful for any fire vehicle, when returning to its
fire station from an emergency call to display a flashing red light
visible under normal atmospheric conditions from a distance of at
least 500 feet to the rear of the vehicle.
This shall mean and include representing oneself as authorized
to carry out inspection of life hazard uses (LHU) on behalf of the
Commissioner, issuing orders pursuant to the Act, and assessing or
imposing any of the penalties provided for by the Act.
A portable outdoor open-flame cooking device(s) and/or outdoor
fireplaces using compressed gas (e.g., portable LP-gas), charcoal,
solid fuel, or any organic material or fuel(s).
A meal or gathering in which food is cooked outdoors on a
rack over an open fire or on a special appliance.
An outdoor fire utilized for ceremonial purposes.
The person to whom the certificate of code compliance is
issued pursuant to this chapter. The term "certificate holder" includes
within its definition the term "agent," where applicable.
The certificate issued by the Township Inspections Department
or designee attesting that the rental unit is in compliance with all
of the ordinances of the Township of East Hanover.
A change from one use to another use in a building or tenancy
or portion thereof.
The executive head of the Police of the Township of East Hanover as outlined in Chapter 42, "Police Department." Said Police Department shall herein be known as the East Hanover Police Department (EHPD).
The Chief of the Bureau of Fire Prevention, also known as "Fire Marshal," shall be certified by the Commissioner of the DCA and appointed or designated to direct the enforcement of the Code and the State Fire Prevention Code by the appointing authority of the Mayor of the Township of East Hanover as set forth in § 26-39, pursuant to 5:71-3.3(a), hereof serving as the chief administrator of the local enforcing agency (LEA) and has been and carries out duties as pursuant to 5:71-3.3. The term "Fire Official" is the Bureau Chief.
The Commissioner of the DCA.
When used with reference to a covered mall building, shall
include all areas not included within any retail establishment and
shall also include the required means of egress from all retail establishments.
When used with reference to buildings of use groups R-1 and R-2 shall
mean all areas accessible to, and which may be utilized by, either
the building occupants or the general public and shall include, but
not be limited to, vestibules, hallways, stairways, landings and occupiable
rooms and spaces not part of any dwelling unit; and shall also include
any area accessible to the owner or manager or any person(s) employed
in the maintenance of the building which area is not part of any dwelling
unit including sprinkler and fire alarm utility rooms.
Form of ownership of real property under a master deed providing
for ownership by one or more owners of unit(s), together with an undivided
interest in common elements appurtenant to each such unit. See N.J.S.A.
46:8B-3 and 55:13(q).
Those activities which require a permit under the Uniform
Construction Code (UCC) N.J.A.C. 5:23 and shall also comply with the
Code regarding site fire safety.
A housing corporation or association which entitles the holder
of a share or membership interest thereof to possess and occupy for
dwelling purposes a house, apartment, or other structure owned or
leased by said corporation or association or to lease or purchase
a dwelling constructed or to be constructed by said corporation or
association See N.J.S.A. 55:13A-3(r).
The Attorney of the Township of East Hanover.
A calendar day unless otherwise specified.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping of a hazardous substance into the waters of the township
or unto lands from which it might flow or drain into said waters,
except discharges pursuant to and in compliance with the conditions
of a valid federal or state permit.
N.J. Department of Community Affairs (DCA), Division of Fire
Safety (DFS).
A room, suite, or apartment occupied or intended to be occupied
for dwelling purposes by one or more persons living independently
of persons in similar dwelling units; a room or rooms, or suite or
apartment, which is occupied or intended to be occupied for sleeping
or dwelling purposes by one or more persons [N.J.S.A. 55:13A-3(h)].
Promulgated under N.J.S.A. 40A: 14-118 et seq., shall be the police force of the Township of East Hanover in accordance with § 26-22; the municipal agency who shall be the call-takers and dispatchers for the East Hanover Fire Department and LEA; "Public Safety Dispatch Points (PSDP)," a location which provides dispatch services for one or more public safety agencies.
Effective date in the case of a new rule, amendment or repeal,
or readoption, the date of promulgation, and placed on file by the
Township Clerks' Office.
Any unusual conditions caused by civil disturbance whereby
the safety of the public is endangered or imperiled. The occurrence
of such an emergency shall be determined within the sole discretion
of the officer, board, or official having charge of the police or
fire department (FD) per N.J.S.A 40:47A-1.1.
Any situation to which a unit of the fire service responds
to deliver emergency services, including, but not limited to, rescue,
fire suppression, special operations, and other forms of hazard control
and mitigation.
The department, a municipal or county department or agency,
or a fire district which has been authorized by municipal ordinance
to enforce the Act and municipal Fire Prevention Code; shall herein
be known as the East Hanover Bureau of Fire Prevention; the authority
having jurisdiction (AHJ).
Prefabricated I-joists, truss joists, truss rafters, and
other similar lightweight construction materials used to construct,
renovate, or alter any section of a structure.
A system that provides a warning alarm signaling the presence
of fire conditions and may be capable of initiating an action to suppress
a fire condition.
Under the supervisory authority of the Fire Director, has
charge of the fire department. Manages all fire department operations
to ensure their timely, thorough, and cost-effective preparation and
conduct; has command and control for the extinguishing of fires and
supervises and oversees all personnel comprising the East Hanover
Fire Department, all apparatus and equipment used by said Department
at all fire and emergency scenes.
A paid, part-paid, or volunteer fire-fighting force, body,
or agency established by ordinance as a division of municipal government
or one or more volunteer fire companies that have contracted with
a municipality to provide fire protection. The "fire department" (FD),
for all purposes herein, shall be known as the East Hanover Fire Department
(EHFD), the fire fighting force, body, or agency within the territorial
jurisdiction of the Township of East Hanover under the supervisory
authority of the Fire Director and "Fire Chief" who shall have command
and control for the extinguishing of fires.
The Director of the East Hanover Fire Department (EHFD),
the supervisory authority of the FD, inclusive of the Bureau of Fire
Prevention.
A person working under the direction of the Bureau Chief
who is certified by the Commissioner of the DCA and appointed or designated
to enforce the Code by the appointing authority of a local enforcing
agency; an authorized representative(s) of the Fire Marshal/Bureau
Chief, also known as Fire Official.
An area necessary to provide safety for the public or to
provide property access for FD operations in the event of an emergency
incident.
A person certified by the Commissioner of the DCA and appointed
or designated to direct the enforcement of the N.J. Uniform Fire Code
by the appointing authority of the local enforcing agency jurisdiction.
This term shall also include "Fire Official," where the Fire Official
has been appointed, pursuant to 5:71-3.3(a), and carries out duties
as pursuant to 5:71-3.3; said person is the Bureau Chief.
The Fire Prevention Code of the Township of East Hanover, also known as the fire prevention code, herein out known as the Code, was adopted as outlined in Chapter 26 hereof.
A person or business entity that offers to undertake or represents
itself as being able to undertake, or does undertake, the installation,
service, sale, repair, inspection, or maintenance of fire protection
equipment; said person shall also be known as a "contractor."
Includes fire alarm systems, fire sprinkler systems, standpipe
systems, clean agent fire suppression systems, special hazard fire
suppression systems, carbon dioxide fire protection systems, foam
fire protection systems, kitchen fire suppression systems, portable
fire extinguishers or any other equipment designed to detect, suppress
or extinguish a fire.
An automatic fire suppression system that includes an automatic
water sprinkler system or a standpipe system and related system components,
including detection.
A qualified person appointed by the appropriate appointing
authority or the commissioner pursuant to the "State Uniform Construction
Code Act," P.L.1975, c.217 (C. 52:27D-119 et seq.) and the regulations
to enforce those portions of any subcode, specifically designated
for such enforcement in N.J.A.C. 5:23-3, within the jurisdiction of
the enforcing agency; also known as "fire protection subcode official."
An engineered or preengineered system that suppresses fire
using an extinguishing agent distributed through fixed piping and
nozzles that are activated either manually or automatically. The system
may include containers, nozzles, controls, automatic detection, manual
releases, equipment shuts down, and alarms. In such systems, an extinguishing
agent is discharged through fixed pipes and nozzles into or over a
potential fire hazard.
Wood that has been cut into pieces so that it can be burned
on a fire. Examples: oak, maple, cherry, birch, pine, elm, and chestnut.
The floor area within the perimeter of the outside walls
of the building or use under consideration, without deduction for
hallways, stairs, closets, thickness of walls, columns, or other features.
A cart or other movable device used on the public sidewalks
or in public places in which ready-to-eat food is cooked, wrapped,
packaged, processed, or portioned for sale or distribution and which
is not a licensed food truck or food trailer.
A nonmotorized vehicle designed to be towed by a motorized
vehicle that is registered and can be operated on the public streets
of the State of N.J., in which ready-to-eat food is cooked, wrapped,
packaged, processed, or portioned for sale and/or distribution.
A motorized vehicle that is registered and is able to be
operated on the public streets of the State of N.J., in which ready-to-eat
food is cooked, wrapped, packaged, processed, or portioned for sale
or distribution.
Collectively, a food truck, food trailer, and a food cart.
The owner or operator of a food truck, food trailer, or food
cart or the owner's agent, hereinafter referred to as "vendor."
The classification of an occupancy (also see "use group").
Any substance defined by the New Jersey Department of Environmental
Protection in DEQ-094, including the following guides: National Fire
Protection Association Guide of Hazardous Materials and Emergency
Response Guidebook, Materials Transportation Bureau, United States
Department of Transportation.
The individual in overall command of or control of the fire
service personnel and associated emergency equipment and emergency
vehicles at the site of an emergency and/or emergency incident.
A steel box that is treated to be fire- and weather-resistant,
installed on the outside of the building, and contains all necessary,
updated keys that are labeled and provide access to the building or
where approved by the Bureau Chief.
A preengineered system that is designed specifically to protect
the hood, duct, and cooking appliances of a kitchen. The system, which
may include containers, nozzles, controls, automatic detection, manual
release, cooking appliance shutdown equipment, and alarms, will have
an extinguishing agent discharged through fixed pipes and nozzles
over and into the fire hazard area.
A building or structure, or part thereof, classified in any
of the Use Groups in the building subcode of the N.J. Uniform Construction
Code (UCC) and defined as such in subchapter 2 of this chapter. "Life
hazard use" shall also mean and include high-rise structures as defined
in the Act.
A municipal agency, fire department, fire district, or county
fire marshal authorized by municipal ordinance to enforce the Act
within a specific local jurisdiction or, where such authorization
has not been granted by local ordinance, it means the DCA. "Local
enforcing agency" shall also mean and include a county fire marshal
authorized by ordinance or resolution of the board of chosen freeholders
to enforce the Act in county facilities. With regard to enforcement
of the Act in premises owned or maintained by the State of N.J. or
any of its boards, commissions, agencies, or authorities, the LEA
shall mean the Division.
An emergency incident which, in the judgment of the incident
commander, is of such severe degree and nature that it presents a
significant threat to the health, safety, and welfare of a municipality
and its residents and, therefore, may warrant the implementation of
the municipality's municipal emergency operations plan.
The function of keeping equipment in such a condition that
it will perform as it originally was designed to do.
An on-demand mobile fueling vehicle is a vehicle that has
mounted tank(s) and/or container(s) where the aggregate cargo capacity
does not exceed 1,200 gallons (4592 L).
Any building and/or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other. "Multiple dwelling" also means any group
of 10 or more buildings on a single parcel of land or on contiguous
parcels under common ownership, in each of which two dwelling units
are occupied or intended to be occupied by two persons or households
living independently of each other, and any land appurtenant thereto,
and any portion thereof.
The Township of East Hanover.
Said Code entitled "Uniform Fire Code," codified as N.J.A.C.
5:70-1.1 et seq., as amended and promulgated by the Commissioner of
the DCA pursuant to the authority of the Uniform Fire Safety Act"
(N.J.S.A. 52:27D-192 et seq.). Whenever the following words, terms,
or phrases are used in the N.J. Uniform Fire Code, they shall have
the meanings provided under the Uniform Fire Safety Act, P.L. 1983,
c. 383 (N.J.S.A. 52:27D-192 et seq.), and includes all acts amendatory
and supplementary thereto and all regulations adopted pursuant thereto
as set forth under N.J.A.C. 5:70-1.4., then the definition of that
term in the Uniform Construction Code (UCC), N.J.A.C. 5:23-1.4 shall
govern.
A vehicle may not be parked within the designated area unless
loading or unloading passengers or materials with a time limit of
five minutes.
No vehicle may be stopped or standing within the designated
zone whether or not attended or unattended, with or without the motor
running or brakes set.
Inspection and fee schedule for all businesses and buildings
as defined in the UCC of N.J., N.J.S.A. 52:27D-119 et seq., as amended,
and not classified as life-hazard under N.J.A.C. 5:70.
Any building designed and built for use as a factory or warehouse,
or for retail or wholesale merchandising, office, workshop, school,
hospital, hotel, or any other commercial, industrial or institutional
purpose; or which, having been designed and built for residential
use, has been altered, converted or reconstructed for nonresidential
use.
The actuation of a fire protection equipment and/or protective
equipment alarm device of any type to which the FD responds and for
which an investigation fails to reveal a cause of the nature or type
to which the alarm device was designed and/or intended to react.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber and does not include road flares,
smudge pots, and similar devices associated with safety or occupational
uses typically considered open flames or recreational fires. For this
definition, a chamber shall be regarded as enclosed when, during the
time combustion occurs, only apertures, ducts, stacks, flues, or chimneys
necessary to provide combustion air and permit the escape of exhaust
gas are open; the kindling of a fire in the open air with or without
containment or in outdoor structures that permit the products of combustion
to be emitted directly into the ambient air space, excluding gas or
charcoal grill barbecues.
Outdoor fireplaces, fire pits, receptacles, chimeneas, or
other devices that permit the products of combustion to be emitted
directly into the ambient air without passing through a stack or chimney
from an enclosed chamber and which do not provide adequate control
of the air pollutants generated.
A person who owns, purports to own, manages, rents, leases,
or exercises control over a building, structure, premises, or use,
or a portion thereof; the owner or owners in fee of the property or
a lesser estate therein, a mortgagee or vendee in possession, an assignee
of rents, receiver, executor, trustee, lessee or any other person,
firm or corporation, directly or indirectly in control of a building,
structure or real property and shall include any subdivision thereof
of the state.
When used in conjunction with one- and two-family or attached
single-family means a building serving as the residence of at least
one holder of record of title to the property.
An individual, firm, corporation, partnership, association,
trust, or other legal entity, or any combination thereof.
A portable device, carried or on wheels and operated by hand,
containing an extinguishing agent that can be expelled under pressure
for the purpose of suppressing or extinguishing fire.
A fire suppression system having predetermined flow rates,
nozzle pressures, detection, and quantities of extinguishing agent.
Such a system has the specific pipe size, maximum and minimum pipe
lengths, flexible hose specifications, number of fittings, and types
of nozzles prescribed by a testing laboratory. The hazards protected
by such a system are specifically limited as to type and size by a
testing laboratory based upon actual fire tests. Limitations on hazards
that can be protected by such a system are contained in the manufacturer's
installation manual, which is referenced as a part of the listing.
A specific locality, area of land, or portion thereof, and
shall include any buildings, structures, or portions of buildings
or structures thereon.
Any equipment, device, system, or apparatus permitted or
required by the Commissioner to be constructed or installed in or
upon a building, structure, or premises for the purpose of protecting
the occupants or intended occupants thereof, firefighters or the public
generally from fire or combustion products.
Between the hours of 8:30 a.m. and 4:30 p.m. and/or such
other time mutually agreed.
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, barbeque grill, or barbeque pit and has a total fuel area
of three feet (914 mm) or less in diameter and two feet (610 mm) or
less in height for pleasure, religious, ceremonial, cooking, warmth
or similar purposes.
Every building, group of buildings, or a portion thereof
which is kept, used maintained, advertised, or held out to be a place
where living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration to one or more individuals and is meant
to include apartments and apartment complexes. Exempt from all provisions
of this chapter shall be any nonprofit senior citizen rental facilities,
which shall be defined as any facility with more than 50 rental units
and is maintained and operated by a nonprofit organization, as defined
by the United States Internal Revenue Code, for the primary benefit
of senior citizens.
A dwelling unit that is available for lease and/or rental
purposes and is meant to include a dwelling unit offered for lease
and/or rental, including but not limited to three-family homes, etc.,
as well as individual apartments located within apartment complexes.
Any detached one- or two-family residential structures or
any building providing multi-dwelling units for the accommodation
of nontransient tenants.
The owner, occupant, and/or tenant of the building structure
is responsible for compliance with the provisions of the Act.
Wood for fuel that has been air-dried and has a moisture
content value that is less than or equal to 50%.
Any real property designed and used for the purposes of renting
or leasing individual storage spaces to occupants who are to have
access to such space for the purpose of storing and removing personal
property.
A technology or device, such as a photovoltaic module, that
captures and converts solar radiation to produce energy.
A fire protection system consisting of an arrangement of
piping, valves, hose outlets, and allied equipment installed in a
building or structure.
The State of N.J.
The model code of the International Code Council (ICC), known
as the International Fire Code (IFC), N.J. Edition adopted by reference
in 5:70-3.1(a) as the State Fire Prevention Code for N.J., subject
to the modifications set forth in 5:70-3.2.
The laws of the State of N.J.
A combination of materials to form a construction for occupancy,
use, or ornamentation, whether installed on, above, or below the surface
of a parcel of land; provided, the word "structure" shall be construed
when used herein as though followed by the words "or part or parts
thereof and all equipment therein" unless the context clearly requires
a different meaning.
Supervisory authority over personnel of a fire department
may be exercised by the mayor of the municipality or delegated, by
resolution, or any employee or employees thereof.
An entire building, or that portion of a building or story,
which is or is intended to be under the control of a single owner
or tenant.
The N.J. Uniform Construction Code (N.J.A.C. 5:23-1 et seq.);
shall locally be enforced by the Construction Official.
The use to which a building, portion of a building, or premises
is put as follows. It shall also mean and include any place, whether
constructed, manufactured, or naturally occurring, whether fixed or
mobile, that is used for a human purpose or occupancy that would subject
it to the provisions of this code if it were a building or premises.
The classification of an occupancy (also see "group"). The
use group designations below shall be used for all use group references
in this code, except for N.J.A.C. 5:70-3, where the use group designations
contained in the UCC, N.J.A.C. 5:23, shall be used.
A.
It, the New Jersey (N.J.) Uniform Fire Code being the whole of such codes is hereby adopted as the Fire Prevention Code of the Township of East Hanover, the County of Morris. The N.J. Uniform Fire Code, as defined in § 26-22 and any, save and except such portions as are hereinafter deleted, modified or amended, amendments, revisions, and superseding legislation pertaining thereto, save and except such portions thereof as amended and supplemented by the provisions of § 26-23 hereof and as otherwise permitted by law.
B.
Said N.J. Uniform Fire Code, as amended, is hereby incorporated into
this article and made a part hereof as though it had been written
in full herein of prescribing regulations consistent with nationally
recognized good practice for the safeguarding to a reasonable degree
of life and property from the hazards of fire and explosion arising
from the storage, handling, and use of hazardous substances, materials,
and devices, and from conditions hazardous to life or property in
the use or occupancy of buildings or premises.
C.
This article, herein known as the Code, and the N.J. Uniform Fire
Code shall supersede all other general and permanent ordinances enacted
prior to the enactment of this code, including the revised Ordinances
and Codes of the Township of East Hanover, except such ordinances
as are hereinafter expressly saved from repeal or continued in force.
D.
Copies of the N.J. Uniform Fire Code should be placed on file in
the Office of the Township Clerk and the Office of the Bureau of Fire
Prevention and shall remain on file in each office for use and examination
by the public as this article remains in effect.
Pursuant to N.J.S.A. 52:27D-202, Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), {3} the N.J. Uniform Fire Code and said Fire Prevention Code of the Township of East Hanover also known as the Code, Chapter 26 in its entirety and applicable township codes shall be locally enforced within the municipality by the Bureau of Fire Prevention, herein known as the local enforcing agency (LEA). The Bureau of Fire Prevention of the East Hanover Fire Department (EHFD) shall be the agency having jurisdiction (AHJ) within the municipality pursuant to N.J.S.A. 40:48-2.12a, N.J.S.A. 40:48-2.12a1, N.J.S.A. 40:48-2.12b, N.J.S.A 40:48-2.12c, and N.J.S.A. 40A:14-53 shall locally enforce the Code.
The LEA established herein shall be the Bureau of Fire Prevention
of the Fire Department (FD) of the Township of East Hanover in accordance
with 5:71-2.2 to enforce the provisions of the State Fire Prevention
Code. The LEA shall be under the direct supervision of the Chief of
the Bureau, who shall coordinate and supervise the activities of the
LEA and shall enforce the Uniform Fire Safety Act and the codes and
regulations adopted under it in all buildings, structures, and premises
within the established boundaries as established and shall faithfully
comply with the requirements of said Act. The LEA established herein
shall carry out the periodic inspections of life hazard uses (LHUs)
required under N.J.A.C. 5:70-2.5 on behalf of the Commissioner.
Under the DCA, pursuant to the authority of the "Uniform Fire Safety Act" (P.L. 1983, c. 383, N.J.S.A. 52:27D-192 et seq.), also known as the Act and the "New Jersey Uniform Fire Code," also known as the State Fire Prevention Code that the LEA shall enforce the codes and regulations adopted under it in all buildings, structures, and premises within the boundaries of the municipality, other than owner-occupied, one- and two-family dwellings unless permitted by local ordinance, thereon in as mentioned within the Fire Prevention Code of the Township of East Hanover, herein known as the Code, Chapter 91, "Hazardous Substance," Chapter 162A, "Nuisance Property," and all other related codes, regulations, and laws promulgated.
For inspections required under the Act and the N.J. Uniform
Fire Code, LHUs shall be registered per N.J.A.C. 5:70-2.6, classified
by N.J.A.C. 5:70-2.4, which shall require an annual registration fee,
fee schedule established as per N.J.A.C. 5:70-2.9.
A.
The Bureau of Fire Prevention of the EHFD of the municipality, the
LEA, is hereby created and established. The purpose and function of
said the LEA shall be the enforcer of this chapter and the N.J. Uniform
Fire Code, under the authority of the Act, this code.
B.
The enforcement officers, for the purposes of the Code, shall be
the Chief of the Bureau of Fire Prevention, herein known as the Bureau
Chief, and Fire Inspector(s), whom the appointing authority shall
appoint to enforce this chapter and the N.J. Uniform Fire Code.
C.
Where applicable, the Bureau Chief shall be subordinate to the Fire
Director, the person with supervisory authority who is duly appointed
by the mayor of the municipality.
D.
Fire Inspector(s) are assigned to the Bureau of Fire Prevention to
ensure operations.
E.
The Bureau Chief and an authorized representative(s), employees of
the LEA, are charged with inspection and/or enforcement duties under
such codes and ordinances shall be vested the authority to issue field
release citations under the Penalty Enforcement Law N.J.S.A. 2A:58-12
et seq. for any violation of the provisions of the official codes
and ordinances or of any order, rule or regulation adopted by the
Bureau of Fire Prevention pursuant thereto, whether such violation
is on public and/or private property within the municipality.
F.
Pursuant to N.J.S.A 40A:14-156.2 shall hereby include the Bureau
Chief, Assistant Fire Marshal, and Fire Inspector(s).
G.
Pursuant to Uniform Fire Safety Act shall promulgate the Bureau Chief,
Assistant Fire Marshal, and Fire Inspector(s) with the designation
of enforcement officials and right of entry for inspection purposes.
A.
The Bureau Chief is hereby established and shall be appointed by
the mayor upon recommendation from the Fire Director of the EHFD.
B.
The Bureau Chief shall serve as the chief administrator of the LEA.
They shall establish the day-to-day operating routines of the LEA
and shall coordinate the activities of the Fire Inspector(s) and other
staff.
C.
The Bureau Chief shall be responsible to the Fire Director and shall
adhere to and enforce the lines of authority and chain of command
established and shall establish an office and on-duty schedule, carry
out all duties and assignments delegated by the Fire Director other
than to the extent that the Division directs their activities.
A.
With the Bureau Chief's recommendation, the Fire Director shall
determine such Fire Inspector(s) and other employees as may be necessary
to perform the duties of the Bureau of Fire Prevention. The mayor,
upon the Fire Director's recommendation, shall appoint Fire Inspector(s)
and employees. Fire Inspector(s) shall be certified to perform LHU
inspections as such by the DCA per N.J.A.C. 5:71-4.3 and shall herein
be known as authorized representative(s).
B.
Members of the EHFD shall receive priority consideration for appointment
as Fire Inspector(s); nothing shall preclude the mayor from appointing
a qualified and certified person(s) from the general population.
C.
At the time of appointment, or within one year thereafter, Fire Inspector(s)
shall be qualified in basic life support (BLS) CPR certification and
shall maintain such certification throughout their employment. Failure
to obtain the certification and/or to maintain the same during employment
shall automatically disqualify the person from holding the position
of fire inspector; however, for a good cause shown, the Mayor, upon
recommendation from the Fire Director and the Bureau Chief, may grant
a period of not more than 90 days for the individual to obtain certification
and/or recertification.
D.
The Assistant Fire Marshal and Fire Inspector(s) shall adhere to
the lines of authority and chain of command established by the Fire
Director; the Assistant Fire Marshal and Fire Inspector(s) shall establish
a workstation and on-duty schedule through the Bureau Chief approved
by the Fire Director, execute all duties and assignments delegated
to them through the Bureau Chief.
A.
The Bureau of Fire Prevention of the municipality is hereby established
as the Township's LEA as provided under N.J.A.C. 5:71-2.3 and
shall operate under the supervision of the Bureau Chief, who operates
under the supervisory authority of the Fire Director.
B.
In addition to the Bureau Chief, the employees of the Bureau of Fire
Prevention shall consist of the Assistant Fire Marshal, Fire Inspector(s),
and administrative staff(s) assigned thereto, who are directly supervised
by the Bureau Chief.
C.
The Fire Prevention Code of the municipality, also known as the Code,
shall be enforced by the Bureau Chief, the Assistant Fire Marshal,
and the Fire Inspector(s), herein known as the authorized representative(s)
of the LEA.
A yearly report shall be made and transmitted to the Fire Director
by the Bureau Chief. The report shall contain all proceedings under
the Code with such statistics as the Bureau Chief may wish to include
therein and shall also recommend any amendments to the Fire Prevention
Code of the municipality which, in their judgment, shall be desirable.
The Fire Director shall thereafter transmit the said report of the
Bureau Chief, along with any comments or recommendations from the
Fire Chief and/or Fire Director to the mayor.
The Fire Director shall establish the annual budget for the
operations of the Bureau of Fire Prevention with said recommendations
from the Bureau Chief and subject to the approval of the Township
Council. Said salaries and expenses shall be paid from the budget
of the municipality. In accordance with N.J.A.C. 5:71-2.6(d), all
revenues generated pursuant to the N.J. Uniform Fire Safety Act or
this code which are collected by or provided to the Township of East
Hanover shall be part of the appropriation to the Bureau of Fire Prevention
for the purpose of enforcing the Code, operations, and advancement
of local fire prevention interests or specified in N.J.A.C. 5:70-2.12A(b).
There is hereby adopted by the Township Council of the Township
of East Hanover the fire control measures and regulations as herein
set forth for the purposes of controlling conditions that could impede
or interfere with fire suppression forces and shall be enforced by
the Bureau Chief and/or an authorized representative(s) of the LEA
with the assistance of the East Hanover Police Department (EHPD) therein
as specified.
This article and the Code shall supersede all other general
and permanent ordinances enacted prior to the enactment of this code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
