[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 12-11-2000 by Ord. No. 2000-9.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 129.
Fees and licenses — See Ch. 147.
Garbage, rubbish and refuse — See Ch. 161.
Property maintenance — See Ch. 207.
Trees and shrubs — See Ch. 247.
[1]
Editor's Note: This ordinance also superseded former Ch. 155, Fire Prevention, consisting of the following: Part 1, Fire Prevention, adopted 5-29-1973 by Ord. No. 73-7 as Ch. 10 of the 1973 Code of Ordinances, as amended; and Part 2, Uniform Fire Safety, adopted 8-19-1985 by Ord. No. 85-8.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383, N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of New Providence.
The local enforcing agency shall be the New Providence Fire Department through its Bureau of Fire Prevention, which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.
A. 
Within the established boundaries of the Borough of New Providence, the local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises other than owner-occupied buildings of less than three dwelling units used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by the federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
A. 
The Bureau of Fire Prevention established by § 155-2 of this chapter shall be under the direct supervision and control of a Fire Official who shall be designated Deputy Chief of the Bureau and who shall report to the Chief of the Fire Department.
B. 
The Bureau of Fire Prevention shall have at least one paid Fire Official and such paid inspectors as may be necessary to properly enforce the Uniform Fire Code.
A. 
Appointment and qualifications of Fire Official. The Fire Official shall be certified by the State of New Jersey and appointed by the governing body from a list of names submitted by the Chief of the Fire Department. He must also be a member of the New Providence Fire Department. In the event that no Fire Department members are qualified, the position will then be advertised.
B. 
Appointment and qualifications of inspectors and other employees. The governing body, upon recommendation of the Fire Official shall appoint inspectors and other employees of the enforcing agency. All life-hazard use inspectors shall be certified by the state. In the event that no Fire Department members are qualified, the position will then be advertised.
C. 
Appointment of legal counsel. The Borough Attorney shall be appointed legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official and the fire inspectors shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. The Fire Official, inspectors and other employees of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body in accordance with the Personnel Policy of the Borough.[1]
[1]
Editor's Note: See Ch. 73, Personnel Policies.
The Bureau of Fire Prevention established by § 155-2 of this chapter shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
A. 
In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year or more frequently if needed to enforce the code properly and shall pay an annual fee as set forth in Table 1.
B. 
Uses not classified in Table 1 that are subject to the Uniform Fire Code shall be classified as business uses.
C. 
Uses which require registering with the State as life-hazard uses shall not be required to register under this section.
D. 
Vacant buildings, which create a fire hazard, shall be charged and inspected according to the previous use of the building.
Table I
Type of Occupancy
Annual Registration Fee
Business Use Group: Uniform Fire Code B
B/A
Under 2,500 square feet
$75
B/B
2,500 to 4,999 square feet
$100
B/C
5,000 to 9,999 square feet
$125
B/D
10,000 and over square feet
$150
Factory Use Group: Uniform Fire Code F
F/A
Under 6,000 square feet
$100
F/B
6,000 to 11,999 square feet
$150
Mercantile Use Group: Uniform Fire Code M
M/A
Under 2,500 square feet
$75
M/B
2,500 to 4,999 square feet
$100
M/C
5,000 to 9,999 square feet
$125
M/D
10,000 to 11,999 square feet
$150
Storage Use Group: Uniform Fire Code S
S/A
Under 6,000 square feet
$100
S/B
6,000 to 11,999 square feet
$150
Residential Use Group: Uniform Fire Code R1/R2
R/A
3 to 6 units
$100
R/B
7 to 12 units
$150
R/C
13 to 20 units
$200
R/D
Over 20 units
$250
Residential Use Group: Uniform Fire Code R3. These units shall be inspected for smoke detectors compliance upon change of tenant or sale.
Initial smoke detector inspection
$35
Reinspection
$25
The permits required and application fees shall be the same as listed in the Uniform Fire Code N.J.A.C. 5:70-.2.7 and 5:70-2.9.
(Reserved)
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Union County.
Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code, and all other laws of the State of New Jersey.
The Fire Official shall be paid in accordance with the salary ordinance of the Borough of New Providence.[1]
[1]
Editor's Note: See Ch. 95, Salaries and Compensation.
Fire Inspectors shall be paid in accordance with the Salary Ordinance of the Borough of New Providence.[1] The Fire Official is to be included in this section as he is also in the field performing inspections. It is the responsibility of the Fire Official to divide the workload equally.
[1]
Editor's Note: See Ch. 95, Salaries and Compensation.