Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced
in the Borough of Maywood.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcement agency shall be the Bureau
of Fire Prevention, which is hereby created within the Fire Department
of the Borough of Maywood.
The Fire Prevention Bureau shall enforce the
Uniform Fire Safety Act4 and the codes
and regulations adopted under it in all buildings, structures and
premises within the established boundaries of the Borough of Maywood
other than owner-occupied one- and two-family dwellings and except
as may otherwise be provided by law and shall faithfully comply with
the requirements of the Uniform Fire Safety Act and, to the extent
that it is not inconsistent with said Act or applicable law, the Uniform
Fire Code. Nothing herein is intended nor shall it be construed to
authorize the local enforcement agency to inspect or otherwise enforce
the provisions of the Uniform Fire Safety Act with respect to buildings,
structures and premises owned or operated by the state, its agencies,
departments or instrumentalities, including municipal or Board of
Education properties, or an interstate agency, unless and except as
otherwise mandated by the Uniform Fire Safety Act.
The Fire Prevention Bureau shall carry out the
periodic inspections of high-rise structures or life hazard uses,
as those terms are defined in and are required by the Fire Safety
Act[1] and the Uniform Fire Code, on behalf of the Commissioner
of the Department of Community Affairs. To the extent required in
order to carry out the foregoing responsibilities, the Mayor and Council
may provide, by ordinance, for at least one paid fire inspector or
may contract for the services of an outside fire inspector.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
A.
The Fire Prevention Bureau established by § 179-2 of this article shall be a part of the Fire Department of the Borough of Maywood and shall be under the direct supervision and control of the Board of Fire Officers of the Fire Department, subject to the further control and direction of the Mayor and Council.
B.
The Fire Prevention Bureau shall consist of a Chief
and such number of fire inspectors as may be appointed as hereinafter
provided.
C.
The Fire Prevention Bureau may elect such other officers,
other than the Chief, as it deems appropriate.
D.
The Chief shall preside at all meetings of the Bureau.
A.
The Chief of the Fire Prevention Bureau shall be designated
as the Fire Official and shall serve as the chief administrator of
the Fire Prevention Bureau.
B.
The Chief of the Fire Prevention Bureau shall be appointed
by the Mayor with the advice and consent of the Borough Council. In
making such appointment, the Mayor shall consider the recommendations
of the Board of Fire Officers.
C.
The Chief of the Fire Prevention Bureau shall serve
for a one-year term expiring on December 31 of the year of appointment
or until the appointment and qualification of the Chiefs successor,
unless sooner removed as herein provided.
D.
On or after July 1, 1986, no person shall be appointed
as Chief of the Fire Prevention Bureau unless such person is certified
in fire code enforcement pursuant to the provisions of the Uniform
Fire Code.
E.
The Chief of the Fire Prevention Bureau shall be responsible
for the day-to-day operation of the Fire Prevention Bureau and shall
coordinate the activities of any inspectors or other staff and shall
carry out such other duties as may be required by the Uniform Fire
Safety Act[1] and the Uniform Fire Code or as may be requested by the
Board of Fire Officers or the Mayor and Council.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
A.
To assist the Fire Official in properly carrying out
the responsibilities of the Fire Prevention Bureau, the Mayor, with
the advice and consent of the Council, may appoint such number of
fire inspectors as it deems appropriate. In making such appointments,
the Mayor shall consider the recommendations of the Board of Fire
Officers.
B.
Fire inspectors shall serve for a term of one year,
expiring December 31 of the year of appointment, unless otherwise
removed in accordance with the provisions hereof.
C.
On or after July 1, 1986, no person shall be appointed
as a fire inspector unless such person is certified in fire code enforcement
pursuant to the provisions of the Uniform Fire Code.
D.
Fire inspectors shall be under the direct supervision
and control of the Chief of the Fire Prevention Bureau and shall perform
such duties as may be directed by the Chief of the Fire Prevention
Bureau.
E.
In addition to the fire inspectors, the Mayor, with
the advice and consent of the Council, may appoint such other staff
as he deems appropriate, including secretarial personnel, to assist
in carrying out the duties of the Fire Prevention Bureau. Such other
employees may receive compensation in accordance with the current
Salary Ordinance of the Borough of Maywood[1] and shall serve at the pleasure of the Mayor and Council.
A.
The Chief and fire inspectors of the Fire Prevention
Bureau shall be subject to suspension or removal for inefficiency
or misconduct including but not necessarily limited to the following:
(1)
Failure or refusal to perform assigned duties.
(2)
Unexcused absences from required meetings of the Fire
Prevention Bureau.
(3)
Insubordination.
(4)
Violation of any of the rules and regulations adopted
by the Board of Fire Officers.
(5)
Commission of any act which would constitute grounds
for the suspension or revocation of the certification in fire code
enforcement pursuant to the provisions of the Uniform Fire Code.
(6)
Failure to receive a renewal of his certification
in fire code enforcement or having had such certification suspended
or revoked pursuant to the provisions of the Uniform Fire Code.
B.
Upon the complaint of either the Chief of the Fire
Prevention Bureau or the Board of Fire Officers with respect to fire
inspectors, or on the complaint of the Board of Fire Officers with
respect to the Chief of the Fire Prevention Bureau, the Mayor and
Council shall conduct a hearing respecting said complaint on 10 days'
notice to the respective parties. The party against whom the complaint
is filed may appear either in person or, at his own cost and expense,
appear with counsel and will be given an opportunity to cross-examine
witnesses against him and offer testimony and witnesses in his own
defense. Following conclusion of the hearing, the Mayor and Council
shall provide the parties with a written decision.
C.
The decision of the Mayor and Council with respect
to the suspension or removal of either the Chief of the Fire Prevention
Bureau or a fire inspector shall be final.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] any person aggrieved by any order of the Fire Prevention
Bureau shall have the right to appeal to the Construction Board of
Appeals of the County of Bergen.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
27D-208.
[Amended 3-23-1993 by Ord. No. 4-93; 5-11-1993 by Ord. No.
10-93; 4-20-2006 by Ord. No. 05-06; 4-2-2009 by Ord. No. 11-09; 10-14-2014 by Ord. No. 13-14; 6-13-2017 by Ord. No. 7-17; 4-24-2018 by Ord. No. 5-18]
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Registration Fee. All building types and uses (except owner-occupied
one- and two-family dwellings) that are not required to be registered
as a life hazard use in accordance with New Jersey State Fire Code
shall be subject to local registration and fees as follows:
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Assembly Use Group (A)
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1 — Eating establishments, fewer than 50 people
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$60
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2 — "Take out" food service, no seating
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$60
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3 — Houses of worship, not exclusively used for religious
purposes
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$60
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4 — Recreation centers, condominium centers, libraries,
fraternal organizations, senior centers, multipurpose rooms, etc.,
under 50 people
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$80
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Business/Professional Use Group (B) and Retail/Mercantile
Use Group (M) and Storage Use Group (S)
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1 — Less than 5,000 square feet
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$80
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2 — More than 5,000 square feet and less than 10,000 square
feet
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$110
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3 — More than 10,000 square feet and less than 15,000
square feet
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$175
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4 — Greater than 15,000 square feet
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$275
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Factory/Manufacturing Use Group (F)
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1 — Less than 5,000 square feet
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$125
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2 — More than 5,000 square feet and less than 10,000 square
feet
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$175
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3 — More than 10,000 square feet and less than 15,000
square feet
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$275
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4 — More than 15,000 square feet
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$400
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Hazardous Storage Use Group (H -Non-life Hazard Use)
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$500
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Residential Use Group (*except owner-occupied one- and
two-family dwellings)
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1 —*One- and two-family dwellings
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$100
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2 — 3 to 6 units
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$250
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3 — 7 to 12 units
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$375
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4 — 13 to 20 units
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$450
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5 — Over 20 units
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$550
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Permit Fees
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A permit fee shall be charged at the rate permitted by the New
Jersey Uniform Fire Code, N.J.A.C. 5:70-2.9, as amended, as of the
time the permit is issued by the Borough of Maywood. The fees are
currently set at:
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Type 1
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$54
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Type 2
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$214
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Type 3
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$427
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Type 4
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$641
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Certificate of Smoke Detector and Carbon Monoxide Alarm
Compliance (CSDCMAC)
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An application permit fee shall be charged at the rate permitted
by the New Jersey Uniform Fire Code, N.J.A.C. 5:70-2.9, as amended,
as of the time the permit is issued by the Borough of Maywood.
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Fire Watch / Stand by — By order of the Fire Official
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$ 50 (per hour/per person)
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Vacancies in the position of Fire Official or
fire inspector shall be filled by the Mayor and Council for the unexpired
term in accordance with the provisions respecting initial appointment.
A report of the Fire Prevention Bureau shall
be made annually to the Board of Fire Officers and transmitted to
the Mayor and Council. The report shall contain all proceedings under
the Uniform Fire Code, a breakdown of all fees collected thereunder,
the number of inspections performed by each fire inspector and such
statistics as the Fire Prevention Bureau may wish to include therein.
The Fire Prevention Bureau shall also recommend any amendments to
the Uniform Fire Code or this article which, in its judgment, shall
be desirable.
[Added 5-11-1993 by Ord. No. 10-93]
Any person, firm, or corporation that fails
to pay the inspection fees called for by § 179-10D or that
fails to comply with a lawful ruling, action, order or notice issued
by the Fire Prevention Bureau enforcing a locally required inspection
shall, for each offense and upon a conviction, pay a fine of not more
than $1,000 and/or serve a prison term not to exceed 90 days, in the
discretion of the Judge. The continuation of each violation for each
successive day shall constitute a separate offense. The person, firm
or corporation allowing or permitting the continuation of any violation
may be punished as provided above for each separate offense.
