[HISTORY: Adopted by the Mayor and Council of the Borough of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted by 10-5-2010 by Ord. No. 2010-30]
Editor's Note: This ordinance also repealed former Art. I, Local Enforcement of the Uniform Fire Safety Code, adopted by Ord. No. 85-16, as amended.
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 Chester.
The local enforcing agency shall be the Township of Mount Olive 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.
Within the established boundaries of the Borough of Chester, 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 interstate agencies or the state.
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The Bureau of Fire Prevention established by § 132-2 shall be under the direct supervision and control of a duly appointed Fire Official who shall report to the Mayor and Council of the Township of Mt. Olive (hereinafter referred to as the "governing body").
The Bureau of Fire Prevention shall have at least one paid Fire Official and such paid inspectors and other employees as may be necessary to properly enforce the Uniform Fire Code.
Appointment of Fire Official. The Chief Administrative Officer of the Bureau of Fire Prevention shall be a state-certified Fire Official appointed by the governing body.
Appointment and qualification of inspectors and other employees. The governing body, upon the 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.
Appointment of legal counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
Term of office. The Fire Official shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
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 or a hearing officer designated by the same.
The Bureau of Fire Prevention established by § 132-2 shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
In addition to the registrations and permits required by the Uniform Fire Code, all other uses subject to Uniform Fire Code inspections shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee based on the fee schedule as set forth below:
All buildings and structures, other than those classified as Use Group R-3, which are not required to be registered as life-hazard uses must be registered with the Bureau of Fire Prevention and shall be subject to an annual registration fee of $100.
All building uses or businesses, other than those classified as Use Group R-3, which are not required to be registered as life-hazard uses must be registered with the Bureau of Fire Prevention and shall be subject to an annual registration fee of $100.
Exception. Buildings or structures that are occupied by a single building use or business that is owned and operated by the building's or structure's owner shall not be required to register the building use nor business in addition to the registration of the building or structure.
Uses requiring registration with the state as life hazard uses shall not be required to register or pay fees pursuant to this section.
Vacant buildings that create a fire hazard shall be charged and inspected according to the schedule above.
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 the County of Morris.
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.