[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 2-13-2007 by Ord. No. 07-04R.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department and Rescue Squad — See Ch. 34.
Demolition of buildings — See Ch. 134.
Unfit buildings — See Ch. 137.
Hazardous materials and substances — See Ch. 164.
Fire insurance policies — See Ch. 177, Art. I.
Property maintenance — See Ch. 224.
[1]
Editor's Note: This ordinance also repealed former Ch. 156, Fire Prevention, which consisted of: Art. I, Standards and Regulations, adopted 12-15-1971 by Ord. No. 635R, as amended; Art. II, Fire Zones and Fire Areas, adopted 8-8-1973 by Ord. No. 650R, as amended; Art. III, Fire Limits, adopted 5-11-1977 by Ord. No. 678R; and Art. IV, Enforcement of Fire Code, adopted 9-11-1985 by Ord. No. 85-18R, as amended.
A. 
The New Jersey Uniform Firesafety Act (P.L. 1983, c. 383) ("Act") was enacted for the purpose of establishing a system for the enforcement of minimum firesafety standards throughout the State of New Jersey ("State").
B. 
The New Jersey Department of Community Affairs ("DCA") has promulgated minimum firesafety standards, which have been made part of the Uniform Fire Code (N.J.A.C. 5:70.1 et seq.) ("UFC").
C. 
The Act authorizes municipalities to provide for local enforcement of the UFC and to establish a local enforcement agency for that purpose.
D. 
The Mayor and Council deem it to be in the best interest of the Borough of Fanwood ("Borough") to have the UFC enforced locally.
E. 
Pursuant to Section 11 of the Act, the Borough Fire Department ("Fire Department") through its Bureau of Fire Prevention, which agency is hereby created, shall administer and enforce the UFC on the Borough level ("Bureau").
A. 
The Bureau shall be under the direct supervision and control of the Fire Official, who shall report to the Mayor or the Mayor's Designee.
B. 
The Bureau shall have at least one paid inspector, which may include the Fire Official.
A. 
Appointment and qualifications of the Fire Official. The Fire Official shall be certified by the state and appointed by the Mayor with the consent of the Council from a list of three names submitted by the Chief of the Fire Department, all in accordance with the provisions of the Act.
B. 
Appointment and qualifications of inspectors and other employees. The Mayor, with consent of the Council, shall appoint inspectors and other employees to the Bureau upon recommendation of the Fire Official. All life hazard use inspectors shall be certified by the state.
C. 
Appointment of corporation counsel. The Mayor, with the consent of the Council, shall, when necessary, appoint legal counsel to assist the agency in enforcing the UFC, who may be the Borough Attorney.
D. 
Term of office. The Fire Official shall serve for a term of a minimum of three years. Any vacancy shall be filled for the unexpired term. Inspector(s) shall serve for a minimum of three years.
E. 
Removal from office. The Fire Official, inspector(s) and/or other employee(s) of the Bureau shall be subject to removal by the Mayor and Council for just cause. Before removal, all persons shall be afforded an opportunity to be heard by the Mayor and Council or a hearing officer designated by the same.
The Bureau shall enforce the UFC in all buildings, structures, and premises within the Borough other than one- and two-unit, owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and/or premises owned or operated by the federal government, interstate agencies or the state. The Bureau shall faithfully comply with all the pertinent requirements of the Act and the UFC. The Bureau shall submit to the Mayor and Council in January of each year a report of its proceedings during the prior year.
The routes for vehicles transporting explosives, blasting agents and hazardous chemicals shall be as follows:
A. 
Martine Avenue;
B. 
South Avenue.
The fire lanes referred to in N.J.A.C. 5:70-3.2(a)3, F-311 shall be those lanes which may be established from time to time by the Mayor and Council by resolution.
The following locations are hereby designed as fire zones and vehicles are prohibited from stopping, standing or parking in these zones at any time:
Location
Area
A&P Supermarket (South Avenue)
20 feet from south side of the building
313 South Avenue
Driveway west side of building: 24 feet zero inches by 309 feet
Driveway north side of building. 100 feet by 24 feet nine inches;
Driveway northwest side of building: 40 feet by 22 feet zero inches
The Bureau shall carry out the periodic inspections of life hazard uses required by the UFC on behalf of the DCA.
A. 
Before any Use Group R-3 structure is sold, leased, or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a Certificate of Smoke Detector and Carbon Monoxide Alarm compliance (CSDCMAC) from the Bureau, evidencing compliance with N.J.A.C. 5:70-4.19.
B. 
The owner or its authorized agent shall apply for a CSDCMAC on a Bureau-prepared form. The application fee for a CSDCMAC, as required by N.J.A.C. 5:70-3.2, shall be based upon the amount of time before the change of occupancy is expected, as follows:
[Amended 9-4-2018 by Ord. No. 18-18R]
(1) 
Request for CSDCMAC received more than 10 business days prior to the change of occupant: $45;
(2) 
Request for CSDCMAC received less than 10 business days but more than four business days prior to the change of occupant: $90;
(3) 
Request for CSDCMAC received less than five business days prior to the change of occupant: $161.
C. 
A CSDCMAC shall not be transferable.
D. 
No CSDCMAC shall be issued by the Bureau, unless and until an inspection of the structure is conducted by the Fire Official, or the appropriate inspector, evidencing compliance with N.J.A.C. 5:70-4.19.
E. 
In the event the R-3 structure fails to obtain the required CSDCMAC, the owner or its authorized agent shall be required to reapply for a CSDCMAC by filing a new application and paying a fee of $35.
[Added 3-10-2009 by Ord. No. 09-03R]
A. 
In addition to inspections and fees required by the Act and UFC, the following inspections and fees, not otherwise covered under the UFC, shall be required to be performed annually based upon the minimum fee schedule set forth below. Applicants shall register with the Bureau and shall complete a registration form in connection with such inspections, the contents of which shall be determined by the Fire Official. Upon receipt of such form, applicants shall return the same completed, along with the required fee, within 30 days of receipt.
Description
Fee
A
Assembly
A-1
Eating establishment under 50 occupants
$55
A-2
Take-out food service (no seating)
$55
A-3
Church or synagogue
$55
A-4
Recreation center, multipurpose rooms, etc., fewer than 100 occupants
$65
A-5
Court rooms, libraries, fraternal organizations, condominium clubhouses, fewer than 100 occupants
$65
A-6
Senior citizen centers, fewer than 200 occupants
$65
B
Business/Professional
B-1
Professional use, one- and two-story, less than 5,000 square feet
$55
B-2
One- and two-story, 5,000 square feet or more but less than 10,000 square feet per floor
$65
B-3
One- and two-story, 10,000 square feet or more
$75
B-4
Three, four and five stories less than 5,000 square feet per floor
$100
B-5
Three, four and five stories 5,000 square feet or more but less than 10,000 square feet
$200
B-6
Three, four or five stories 10,000 square feet or more per floor
$250
M
Retail (Mercantile)
M-1
One- and two-story, less than 5,000 square feet per floor
$65
M-2
One- and two-story 5,000 square feet or more but less than 10,000 square feet
$100
M-3
One- and two-story, 10,000 square feet or more per floor
$125
M-4
Three, four and five stories, less than 5,000 square feet per floor
$150
M-5
Three, four or five stories, 5,000 square feet or more but less than 10,000 square feet
$200
M-6
Three, four or five stories, 10,000 square feet or more
$250
F
Manufacturing (Factory)
F-1
One- and two-story, less than 5,000 square feet per floor
$75
F-2
One- and two-story, 5,000 square feet or more but less than 10,000 square feet per floor
$100
F-3
One- and two-story 10,000 square feet or more
$150
F-4
Three, four or five stories, less than 5,000 square feet per floor
$150
F-5
Three, four or five stories, 5,000 square feet or more but less than 10,000 square feet
$200
F-6
Three, four or five stories 10,000 square feet or more
$250
S
Storage
S-1
One- and two-story, less than 5,000 square feet per floor
$75
S-2
One- and two-story, 5,000 square feet or more but less than 10,000 square feet per floor
$100
S-3
One- and two-story, 10,000 square feet or more
$150
S-4
Three, four or five stories, less than 5,000 square feet per floor
$150
S-5
Three, four or five stories, 5,000 square feet or more but less than 10,000 square feet
$200
S-6
Three, four or five stories 10,000 square feet or more
$250
Range and hood extinguishing systems
One to 10 heads
$10
11 to 25 heads
$15
25 or more heads
$25
Fire-detection systems
One to 10 detection devices
$10
11 to 25 devices
$15
25 to 100 devices
$25
100 or more devices
$50
Fire-suppression systems
One to 10 heads
$10
11 to 50 heads
$15
51 to 100 heads
$25
For each 100 heads over original 100 heads
$10
B. 
The above fee schedule shall cover the initial inspection and one reinspection. Any further reinspections shall require a charge of $25 for each additional visit.
A. 
Storage of flammable liquids in aboveground tanks, whether inside or outside of structures, is prohibited in the Borough.
B. 
Construction or erection of new bulk plants for flammable or combustible liquids is prohibited in the Borough.
The bulk storage of liquefied petroleum gas is prohibited in the Borough.
The owner or operator of an aboveground tank(s) for storage of any flammable or combustible liquid, which is empty or otherwise out of service for more than six months or is otherwise deemed abandoned or its use is discontinued, shall close and remove such tank(s) in a manner consistent with applicable law.
The penalty provisions of the UFC shall apply to any violation of that Code. In the event the UFC penalty provisions do not apply, then and in that event, any person who shall violate any provision of this chapter, or who shall violate or fail to comply with any order made hereunder, upon conviction thereof, shall be punished for each and every violation by a fine not to exceed $2,000, or by imprisonment not exceeding 90 days, or both. The imposition of one penalty for any violation shall not excuse the person from correcting or remedying such violations within a reasonable time. Each 10 days that the violation continues to exist shall constitute a separate offense.