[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 7-11-1972 as Ch. 52 of the 1972 Code. Amendments noted where applicable.]
Agency designation. The local enforcing agency shall be the Bureau of Fire Prevention within the Fire Department of the Borough of Netcong established by § 157-2.
Duties. The local enforcing agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it and all buildings, structures and premises within the established boundaries of the Borough of Netcong other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Safety Code.
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
Life-hazard uses. The local enforcing agency established by Subsection B hereof shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioners of Community Affairs.
Organization. The local enforcing agency established by Subsection B hereof shall be part of the Fire Department and shall be under the direct supervision and control of the Fire Chief. The Fire Chief shall exercise such supervision and control subject to the general powers, duties, administrative and appointive and removal powers which are vested in the Mayor and Borough Council by statute.
Appointments; term of office; removal.
The local enforcing agency shall be under the direct supervision of a Fire Official who shall be appointed by the Mayor and Council. Prior to the appointment of the Fire Official, the Fire Department may submit nonbinding advisory recommendations to the Mayor.
The Fire Official shall serve for an indeterminent term of office.
Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor and Council. Prior to such appointments, the Fire Department may submit nonbinding advisory recommendations to the Mayor.
Inspectors and other employees of the local enforcing agency shall be subject to removal by the Mayor and Council in the same manner as all other Borough employees.
Editor's Note: This ordinance also provided for the repeal of former § 157-1, Adoption of code by reference, as amended.
The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Borough of Netcong, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
The Chief (or Fire Marshal) in charge of the Bureau of Fire Prevention shall be appointed by the Fire Chief on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause, after public trial.
The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the Mayor and Borough Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term, with removal only for cause.
A report of the Bureau of Fire Prevention shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable.
Editor's Note: Former §§ 52-3 through 52-8, as amended, regarding definitions, limits for storage of certain materials, modifications and appeals, were repealed 3-8-1983.
The Mayor, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and shall distribute copies thereof to interested persons.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation who or which shall violate any of the provisions of this code hereby adopted or fail to comply therewith; or who or which shall violate or fail to comply with any order made thereunder; or who or which shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken; or who or which shall fail to comply with such an order as affirmed or modified by the Borough of Netcong or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all persons who shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.
There is hereby adopted by the Borough of Netcong the fire control measures and regulations as herein set forth for the purposes of controlling conditions which could impede or interfere with fire-suppression forces.
The fire official or duty authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fire, gas leaks or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of their duty. The fire official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The fire official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the fire official.
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path or travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere with, obstruct or hamper any Fire Department operation.
A person shall not willfully fail or refuse to comply with any lawful order or direction of the fire official or to interfere with the compliance attempts of another individual.
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the fire official in command of said operation.
Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.
Upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the fire official or a police officer.
It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet from any fire apparatus traveling in response to a fire alarm or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.
A person shall not without proper authorization from the fire official in charge of said Fire Department emergency equipment cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or to manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle.
It shall be unlawful for any person to damage or deface or attempt or conspire to damage or deface any Fire Department emergency vehicle at any time or to injure or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.
The driver of any emergency vehicle, as defined in § 157-6 of this chapter, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies, such as, but not restricted to, move-ups do not constitute an emergency call.
The driver of an emergency vehicle may:
Park or stand irrespective of the provisions of existing traffic regulations.
Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation.
Exceed the prima facie speed limit so long as the action does not endanger life or property.
Disregard regulations governing direction of movement or turning in specified directions.
The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such vehicle, while in motion, sounds an audible signal by a bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire-suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property.
If upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the fire official shall proceed to remove the same. Costs incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the fire official and with the approval of the chief administrative official; and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes unless such person first secures a permit for such use from the fire official and the water company having jurisdiction. This section shall not apply to the use by the water company having jurisdiction.
The fire official shall recommend to the chief administrative official of the municipality the location or relocation of new or existing fire hydrants and the placement of water mains, or replacement of inadequate water mains, located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the fire official.
All new and existing shipyards, oil storage plants, lumberyards, amusement or exhibition parks and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards and which are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the fire official and shall be connected to a water system in accordance with accepted engineering practices. The fire official shall designate and approve the number and location of fire hydrants. The fire official may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the fire official.
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs or when permitted by the fire official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the fire official.
A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the fire official or which is not in proper working order or the contents of which do not meet the requirements of the fire official. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when said units are permanently disfigured or marked with a permanent sign identifying the unit as junk.
A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street, within the boundaries of the municipality. The word "street," as used in this chapter, shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality.