[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
6-11-1985 by Ord. No. 1031. Amendments noted where applicable.]
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246; 2-27-2001 by Ord. No. 1519; 8-14-2001
by Ord. No. 1530]
It is hereby adopted by the Mayor and Council of the Borough of Middlesex
for the purpose of prescribing regulations governing conditions hazardous
to life and property from fire, hazardous material or explosion, those certain
codes known as the Uniform Fire Safety Act of 1983 (N.J.S.A. 52:27D-192 et
seq.) and the New Jersey Uniform Fire Code (N.J.A.C. 5:70 et seq.).
[Amended 2-27-2001 by Ord. No. 1519; 8-14-2001
by Ord. No. 1530]
Pursuant to Section 11 of the Uniform Fire Safety Act,[1] the New Jersey Uniform Fire Code, adopted as N.J.A.C. 5:70 et
seq., shall be enforced locally within the established limits of the Borough
of Middlesex.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
The New Jersey Uniform Fire Code shall be enforced by the Bureau of
Fire Prevention therein, hereinafter known as the "Bureau," a Division of
the Fire Department of the Borough of Middlesex, which is hereby established
and which shall be operated under the supervision of the Fire Official, who
shall be the chief administrator of the unit.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
The Bureau shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all the buildings,
structures and premises within the established boundaries of the Borough of
Middlesex, other than owner-occupied one- and two-family dwellings and comply
with the requirements of the Uniform Fire Safety Act and the Uniform Fire
Code as stated throughout.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The Middlesex Fire Prevention Bureau of the Middlesex Fire Department
shall carry out the periodic inspections of life hazard uses required by the
Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
The local enforcing agency established under the provisions of this
chapter shall be a division of the Middlesex Fire Department and shall be
under the direct supervision and control of the Fire Official, who will supervise
the activities of the agency. The Fire Official shall report directly to the
Chief of the Middlesex Fire Department.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
The appointment of the Fire Official shall be made by the Mayor and
Council of the Borough of Middlesex. The Mayor and Council shall make the
appointment from a list provided by the Chief of the Middlesex Fire Department.
The person(s) shall be certified as a fire official by the Department of Community
Affairs of the State of New Jersey.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246; 2-27-2001 by Ord. No. 1519; 8-14-2001
by Ord. No. 1530]
The Fire Official shall serve for a term of five years. The duties of
the Fire Official are set forth under N.J.A.C. 5:70 et seq. and as stated
throughout the code. The Fire Official shall write a monthly report of the
Bureau's activities, which shall be transmitted to the Chief of the Fire Department
and the Mayor and Council. Any vacancy in the position of the Fire Official
shall be filled for the unexpired term. The Fire Official shall recommend
to the Chief of the Fire Department and the Mayor and Council any amendments
of the code which, in his judgment, shall be desirable. The Fire Official
shall be responsible for the enforcement and implementation of the New Jersey
Uniform Fire Safety Act and the New Jersey Uniform Fire Code, and said Official
shall sign all purchase orders and vouchers and shall be responsible for making
reports and keeping records of all activities of the Bureau.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
Such inspectors and other employees as may be necessary in the local
enforcing agency may be appointed by the Mayor and Council upon recommendation
of the Fire Official, within budgetary constraints.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
The Fire Official may be removed from office if his removal is recommended
by the Chief of the Fire Department and the Mayor and Council for inefficiency,
misconduct and/or not fulfilling his duties. Inspectors or other employees
of the Bureau may be recommended for removal by the Fire Official or the Chief
of the Fire Department for inefficiency, misconduct and/or for not fulfilling
his/her duties. The Fire Official, inspectors and other employees to be removed
shall be afforded an opportunity to be heard by the Mayor and Council at a
formal hearing, if so requested by them, and the actual discharge from office
must be done by action of the Mayor and Council.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person
aggrieved by any order of the local enforcement agency shall have the right
to appeal to the Construction Board of Appeals of Middlesex County.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246;2-27-2001 by Ord. No. 1519; 8-14-2001
by Ord. No. 1530]
B.
These fees are changed annually under the Administrative
Codes, and the fees set forth herein are the fees in existence at the time
of the adoption of this chapter and are set forth herein for information purposes,
since these fees will change annually, and will be as set forth in the New
Jersey Administrative Code.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
Technical amendments to the Uniform Fire Code or permissible amendments
to the Uniform Fire Code shall not be more restrictive than those imposed
by the Uniform Construction Code, nor shall they be less restrictive than
those imposed by the Uniform Fire Code.
[Amended 3-24-1992 by Ord.
No. 1243; 6-23-1992 by Ord.
No. 1246]
Ordinance Nos. 562 and 619 are both repealed in their entirety.
[Added 3-24-1992 by Ord.
No. 1243; amended 6-23-1992 by Ord.
No. 1246; 2-27-2001 by Ord. No. 1519; 8-14-2001
by Ord. No. 1530]
Fire inspectors shall perform inspections in accordance with the rules
and regulations established and set forth in N.J.A.C. 5:70 et seq. Inspectors
shall prepare written reports within 15 days after completing their inspections
and shall then be responsible for furnishing copies of said written reports
to the Fire Official, the property owner and the property user and/or tenant
within 10 days after the completion of said written reports. Notices to property
owners and/or users or tenants shall be given by certified mail, return receipt
requested, or by such other means as set forth in N.J.S.A. 52:27D-211 of the
New Jersey State Uniform Fire Safety Act. The inspector shall be responsible
for conducting a follow-up inspection of those premises which have violations
within 15 days after the period for correcting the violations has elapsed,
and the inspector shall then complete and file a written report with the Fire
Official setting forth the results of his follow-up inspection within seven
days after completing the follow-up inspection and shall advise the Fire Official
of any outstanding violations which have not been corrected. The inspector
shall also be responsible for testifying in court, if necessary, concerning
the nature and results of his inspections and reports. The inspector shall
undergo a yearly performance review by the Fire Official. Failure to perform
any of the requirements of the position shall be grounds for removal. In situations
involving imminent hazards, fire inspectors
shall prepare written reports and furnish copies of said written reports to
the Fire Official, the property owner and the property user and/or tenant
as required in accordance with provisions of N.J.A.C. 5:70 et seq.
[Amended 1-26-1993 by Ord.
No. 1264]
For violation of any provision of this chapter, the penalty for a first
offense will be a fine of up to $100, and the penalty for any and all subsequent
offenses will be a fine of up to $100 and/or up to 90 days' community service.
