Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 10-12-1994 by Ord. No. 94-18.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 37.
Alarm devices — See Ch. 55.
Uniform construction codes — See Ch. 78.
Smoke detectors — See Ch. 165.
[1]
Editor's Note: This ordinance repealed former Ch. 94. Fire Prevention, adopted 9-11-1979 by Ord. No. 79-19.

§ 94-1 Local enforcement.

Pursuant to § 11 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-192), the New Jersey Uniform Fire Code (N.J.A.C. 5:18-1 et seq.) shall be locally enforced in the Borough of Kenilworth.

§ 94-2 Agency designation; Bureau of Fire Prevention established.

The local enforcing agency shall be the Kenilworth 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."

§ 94-3 Duties.

A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Borough of Kenilworth other than one- and two-unit owner-occupied dwellings 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.

§ 94-4 Organization.

A. 
The Bureau of Fire Prevention established by § 94-2 of this chapter shall be under the direct supervision and control of the Fire Official who shall be the Chief in Charge of Fire Prevention in the Kenilworth Fire Department. By virtue of the office of Fire Official, he shall hold the rank of Deputy Chief within the Fire Department. This rank of Deputy Chief is only within the Fire Prevention Bureau and is not a command rank within the table of organization of the Kenilworth Fire Department.
B. 
The Bureau of Fire Prevention shall have no more than five paid inspectors. The Fire Official, fire inspectors and any other employees shall be compensated by the Fire Prevention Bureau.

§ 94-5 Appointments; qualifications; term of office; removal.

A. 
Appointment and qualification of Fire Official. The Fire Official shall be certified by the state and shall maintain his license throughout his tenure in said position. The Fire Official shall be appointed by the governing body upon the recommendation of the Chief of the Kenilworth Fire Department. The Fire Official shall be an active or exempt member of the Kenilworth Fire Department.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the governing body upon the recommendation of the Fire Official and Fire Chief. All inspectors shall be certified by the state and shall maintain their license throughout their tenure in said position. All inspectors shall be active or exempt members of the Kenilworth Fire Department.
C. 
Appointment of legal counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official shall serve for a term of four years. All inspectors shall be appointed for a term of one year. Any vacancy shall be filled for the unexpired term.
E. 
Disciplinary action; 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 in accordance with the procedure established in Chapter 37, Personnel Policies, of this Code.

§ 94-6 Life-hazard uses.

The Bureau of Fire Prevention established by § 94-2 of this chapter 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.

§ 94-7 Non-life-hazard uses.

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 and shall pay an annual fee as set forth below.
(1) 
Inspection classification Class I:
(a) 
All schools.
(b) 
All churches.
(c) 
All public buildings.
(2) 
Inspection classification Class II:
(a) 
All business uses less than 10,000 square feet.
(b) 
All eating establishments with a maximum occupancy load of fewer than 50 persons.
(c) 
All mercantile uses of less than 12,000 square feet.
(d) 
All factory uses of less than 2,500 square feet.
(e) 
All storage uses of less than 2,500 square feet.
(f) 
Non-owner-occupied two-family dwellings.
(3) 
Inspection classification Class III:
(a) 
All mixed use buildings under 10,000 square feet.
(b) 
All business uses of more than 10,000 square feet but less than 20,000 square feet.
(c) 
All factory uses of more than 2,500 square feet but less than 20,000 square feet.
(d) 
All storage uses of more than 2,500 square feet but less than 20,000 square feet.
(e) 
All multiple dwellings containing from three to 25 units.
(4) 
Inspection classification Class IV:
(a) 
All mixed use buildings over 10,000 square feet.
(b) 
All business uses exceeding 20,000 square feet.
(c) 
All storage uses exceeding 20,000 square feet.
(d) 
All factory uses exceeding 20,000 square feet.
(5) 
Inspection classification Class V:
(a) 
All multiple dwellings containing 26 units or more.
B. 
Inspection fees for these five classifications are as follows:
Classification
Fee
Class I
No fee
Class II
$50
Business uses less than 2,500 square feet
Mercantile uses less than 2,500 square feet
Factory uses less than 2,500 square feet
Residential units above commercial premises
$50 per apartment
Class III
$75
Business uses less than 5,000 square feet
Mercantile uses less than 5,000 square feet
Factory uses less than 5,000 square feet
Class IV
$100
Business uses less than 7,500 square feet
Mercantile uses less than 7,500 square feet
Factory uses less than 7,500 square feet
Non-owner-occupied two-family dwellings
Class V
$150
Business uses less than 12,000 square feet
Mercantile uses less than 12,000 square feet
Factory uses less than 12,000 square feet
C. 
Fees. The permit fees shall be as promulgated through the State of New Jersey, Department of Community Affairs, Division of Fire Safety, Uniform Fire Code Subchapter 2 [N.J.A.C. 5:18-2.8(a), (b), (c), (d) and (e)]. All nonprofit organizations must take out a permit but will not be required to pay a fee.

§ 94-8 Adoption of Fire Prevention Code; public record.

A. 
Adoption of Fire Prevention Code. The Uniform Fire Code, as amended and as promulgated by the Division of Fire Safety, is hereby adopted by reference as the Fire Prevention Code of the Borough of Kenilworth for the control of buildings and structures as therein provided, subject to such definitions, modifications or amendments as are hereinafter set forth. A copy of this code is annexed to and made a part of this chapter without the inclusion of the text herein.
B. 
Public record. Three copies of the Uniform Fire Code have been placed on file in the offices of the Borough Clerk and the Construction Official for the use of and examination by the public.

§ 94-9 Technical amendments.

The State Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and regulated statutes and the New Jersey Uniform Fire Code (N.J.A.C. 5:18A and 5:18B) is amended and supplemented as follows:
A. 
Fire lanes.
(1) 
Designation. An area may be designated by the uniform fire code official to provide access to any public or private structure for efficient and effective use of fire apparatus. The minimum width of a fire lane shall be 18 feet. The words "fire lane" and "fire zone" shall be interchangeable.
(2) 
Identification. The fire lanes shall be outlined in yellow paint on the road surface, with three-inch-wide yellow lines indicating the boundaries of the fire lane.
(a) 
The fire lanes shall be marked with one-foot letters in yellow paint on the road surface. This marking shall appear often enough to identify the fire lane and shall read "NO PARKING FIRE LANE OR ZONE," with the separation between the markings not to exceed 25 feet.
(b) 
Signs mounted on seven-foot posts or on building walls mounted seven feet from the ground shall be placed along the side of markings on the pavement to indicate the fire lanes in snow conditions. These signs shall face the flow of traffic, when possible, and shall be constructed with red letters on a white background. The signs shall be 18 inches high by 12 inches wide and shall read "NO PARKING FIRE LANE OR ZONE," with the separations between the signs not to exceed 25 feet.
(3) 
Obstruction. In addition to a fine, any vehicle blocking a fire lane shall be subject to being towed, at the owner's or operator's expense, in order to remove the obstruction.
B. 
Vacant buildings.
(1) 
Reporting. All buildings and structures which remain vacant for a period of more than 30 days shall be reported to the Fire Official. It shall be the responsibility of the property owner to report any such building or structure which (s)he owns.
(2) 
Securing. The property owner shall take the following steps to secure any building or structure which (s)he owns which has remained vacant for more than 10 days:
(a) 
HUD security enclosures shall be required on all cellar windows and doors and any other openings which might present security problems, as may reasonably be determined by the Fire Official.
(b) 
All utilities, including water, gas and electric, but excepting fire protection or suppression systems or supervised fire detection systems, shall be shut off until such time as the building or structure is to be reoccupied.
(3) 
Penalty. The penalty for each violation of this Subsection B shall be a fine of not less than $100 or more than $1,000.
C. 
Fire prevention maintenance. The penalty for unauthorized reduction of fire protection or detection system services shall be $100 for the first offense, $500 for the second offense and $1,000 for each offense thereafter.
(1) 
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict 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, access lanes or on private property.
(a) 
Any vehicle blocking a fire hydrant or Fire Department connection shall be subject to being towed, at the owner's expense, to remove obstruction.
(b) 
The penalty for each violation of this subsection shall be not less than $25 nor more than $100.
(c) 
The penalty for the unauthorized shutdown or installation of a yard fire hydrant shall be $100 for the first offense, $500 for the second offense and $1,000 for each offense thereafter.
(2) 
The requirements of this section apply to all privately installed and owned fire hydrants and all Fire Department connections, including all Fire Department sprinkler and standpipe connections within the township.
(3) 
In front of all fire hydrants, public and private, and Fire Department sprinkler and standpipe connections shall be a rectangular prohibited parking area, extending 10 feet on either side of the hydrant or Fire Department connection and extending out from the hydrant or connection into the roadway a distance of 10 feet. The outline of this prohibited parking area shall be outlined by three-inch yellow lines with three-inch yellow lines painted diagonally striped inside the no-parking area. Signs mounted on seven-foot posts or on building walls mounted seven feet from the ground shall be placed along the side of the marking or above the fire hydrant or Fire Department connection for private property to indicate the restricted parking areas in snow conditions. These signs shall be 18 inches high by 12 inches wide, with red letters on a white background, and shall read "No Parking Fire Zone."
D. 
Hazardous materials. The provisions of this section shall cover the spilling, leaking, dumping or discharging into the atmosphere of hazardous material or substances, as defined by the New Jersey Department of Environmental Protection and Energy (NJDEPE) Hazardous Materials and Waste Index (Index).
(1) 
It shall be the responsibility of the property owner, upon discovery, to immediately notify the Fire Department of all hazardous materials or substances and waste spills, leaks, dumping or discharges into the atmosphere, whether on public or private property. Cleanup efforts shall be diligently pursued to abate all conditions. The property owner shall also be responsible for complying with the requirements of New Jersey Uniform Fire Code Section 5: 18-2.9B and C.
(2) 
In addition to the hazardous materials identified in the Index, all combustible, flammable, corrosive, radioactive and oxidizing materials, as well as poisonous gases and substances, etiological agents, potentially explosive chemicals, highly reactive or toxic materials shall be considered hazardous materials.
(3) 
The failure to report immediately after discovery a hazardous material or waste spill, discharge or dumping to the Fire Official shall subject the violator to a minimum fine of $100 and a maximum fine of $5,000.

§ 94-10 Variances from regulations.

A. 
Upon the application of the owner of a building, structure or premises, the enforcing agency may grant variances from the requirements of a regulation issued pursuant to this chapter. No variance shall be granted in a particular case unless the enforcing agency shall find that:
(1) 
Strict compliance with the regulation would result in undue hardship to the owner; and
(2) 
The variance, if granted, will not unreasonably jeopardize the safety of intended occupants, fire fighters and the public generally.
B. 
An application for a variance pursuant to this section shall be filed in writing with the enforcing agency and shall set forth specifically:
(1) 
A statement of the requirements of the regulation from which a variance is sought;
(2) 
A statement of the manner by which strict compliance with the regulation would result in undue hardship;
(3) 
A statement of the nature and extent of the undue hardship; and
(4) 
A statement of feasible alternatives to the requirements of the regulation which would adequately protect the safety of the occupants or intended occupants, fire fighters and the public generally.
C. 
Within 30 days of receiving the application for a variance, the enforcing agency shall grant or deny the application in writing, stating the reason for granting or denying the application. If the application is not granted within 30 days, the applicant shall consider it to have been denied and shall have the same appeal rights as in the case of a written denial. The enforcing agency shall maintain records of all applications for variances and the action taken on them and shall make the records reasonably available for public inspection. An enforcing agency other than the Department shall provide copies of the records to the Commissioner.

§ 94-11 Appeals from decisions of enforcing agency.

A person aggrieved by any ruling, action, order or notice of a local enforcement agency pursuant to this chapter shall be entitled to an administrative hearing before the Union County Construction Board of Appeals. The applications for the hearing shall be filed with the Construction Board of Appeals by the 15th day after the receipt by the person of notice of the ruling, action, order or notice complained of.

§ 94-12 Enforcement; violations and penalties.

Enforcement of violations of this chapter and the penalties imposed shall be in accordance with the terms and provisions of the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq), the New Jersey Uniform Fire Code (N.J.A.C. 5:18-1 et seq.), the Code of the Borough of Kenilworth and any other applicable laws of the State of New Jersey. The enforcement agency shall be the Bureau of Fire Prevention of the Kenilworth Fire Department.