[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.]
[1]
Editor's Note: This ordinance repealed former Ch. 94, Fire
Prevention, adopted 9-11-1979 by Ord. No. 79-19.
[Amended 9-12-2018 by Ord. No. 2018-14]
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. 5:70-1 et
seq.) shall be locally enforced in the Borough of Kenilworth.
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."
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.
C.
The local
enforcing agency shall enforce the Uniform Fire Code. In addition
to the foregoing, the local enforcing agency shall annually and, upon
each change in the occupancy of a residential rental unit that is
not owner-occupied or for the sale of any building, inspect the buildings
of determining that:
(1)
Smoke
and carbon monoxide alarms are properly functioning;
(2)
Required
fire extinguishers installed in kitchen(s);
(3)
In addition
to the above, the local enforcing agency may refer violations of the
property maintenance code, health codes, ICC code and zoning violations
observed in plain view to the Borough officials responsible for the
aforesaid discipline.
[Amended 9-12-2018 by Ord. No. 2018-14]
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.
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.
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.
[Amended 3-25-2009 by Ord. No. 2009-08; 1-24-2018 by Ord. No. 2018-01]
A.
The fee schedule for annual residential inspections of non-owner
occupied dwellings which shall be paid for by the landlord and which
may not be included as additional rent is as follows:
B.
The fee schedule for the sale or transfer of title if requested two
or more weeks in advance shall be equal to the fee set forth in the
preceding paragraph.
C.
The fee for the change of occupancy inspection of a single residential
unit shall be $100.
D.
In the
event that a structure fails to comply with the fire code when inspected,
the owner shall be entitled to one reinspection at no additional cost.
E.
Landlords
shall be entitled to expedited inspection within two full business
days from the date of the completed application for inspection upon
paying an additional $50.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
5:70 and 5:71) is amended and supplemented as follows:
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 (NJDEP) 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.
(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 upon discovery a hazardous material
or waste spill discharge or dumping to the Fire Department shall subject
the violator to a fine as set by the fire code official consistent
with the Uniform Fire Code.
[Amended 1-24-2018 by Ord. No. 2018-01; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
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:
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, firefighters 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 of Community Affairs shall provide
copies of the records to the Commissioner of the Department of Community
Affairs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
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.
[Added 1-24-2018 by Ord.
No. 2018-01]
A.
In the
event of an unsatisfactory inspection by the Fire Official of a vacant
rental unit, such property shall not thereafter be registered, nor
shall a rental license issue, and the owner of the property or his
agent shall not lease or rent such property, nor shall any tenant
occupy the property, until the necessary corrections have been made
so as to bring the property and rental unit into compliance with the
applicable code, and the property is thereafter subsequently inspected,
registered and licensed. In the event that the property is occupied
when such conditions are discovered, all such corrections shall be
made within 30 days, and, if not made within that time period, the
owner shall be deemed in violation of this chapter, and every day
that the violation continues shall constitute a separate and distinct
violation, subject to the penalty provisions of the fire code. The
owner, however, shall be permitted to apply for extension of time
to make repairs or corrections so as to comply with this chapter,
for good cause shown, provided that such extension shall not exceed
30 days.
B.
No person
shall occupy any rental unit that is required to have been inspected,
nor shall the owner permit occupancy of any rental unit within the
Borough of Kenilworth which has not been inspected and approved by
July 1, 2019, in accordance with this chapter. If a landlord fails
to register the rental unit and/or fails to maintain the registration,
rent collected in excess of four months in any calendar year shall
not be deemed earned by the landlord. The unearned rent paid shall
be returned to the tenant within 30 days of service of a written demand.
[Added 9-6-2023 by Ord. No. 2023-20]
A.
PERSON
RESPONSIBLE PARTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A natural person or persons, partnership, corporation, association,
firm or other legal entity.
The person having received emergency services provided by
the Kenilworth Fire Department.
B.
Authorization to recover fees and costs for emergency services provided
by the Borough. The Borough is hereby authorized to recover from any
person or insurance carrier the fees and costs of firefighting materials
used and expended; the costs of the use of the fire trucks, fire engines,
rescue equipment, and tankers; and the costs of personnel hours involved
in any fire, safety and rescue incident or operation, including vehicular
accidents and fires ("emergency services").
C.
Schedule of fees and costs. The following fees and costs charged
and invoiced to any person or insurance carrier for emergency services
rendered and/or materials provided for emergency services shall be
as follows:
(1)
Level One includes the standard response which includes scene safety
and investigation, traffic control, patient and hazard control, cleanup
of minor spills of automotive fluids caused by accident: $665.
(2)
Level Two includes response for car fires which includes scene safety,
fire suppression, rescue tools, foam, structure protection and cleanup
of automotive and related fluids: $800.
(3)
Level Three includes Level One and Level Two responses as well as
extraction (heavy rescue tools, jaws of life, ropes, airbags, cribbing,
etc.) where such equipment is necessary to remove one or more passengers
from the vehicle: $2,000.
D.
Application. The fee and cost recovery provisions shall apply to
all emergency services rendered by the Borough's emergency personnel
to a person except those emergency services rendered to the Borough's
tax-paying residents including those commercial businesses located
in the Borough, unless the necessity for providing the emergency services
was a violation of the Fire Code, in which instance the Borough may
seek to recover the fees and costs for responding to the emergency
along with any penalties authorized by the Uniform Fire Code.
E.
Policy.
(1)
No person requiring emergency services shall be denied said services
due to lack of insurance or inability to pay.
(2)
Any applicable fees and costs incurred by the Borough for rendering
emergency services shall be billed directly to the responsible party
or the responsible party's insurance company.
(3)
The Borough may, either directly or through any third-party billing
agency with which it has contracted, make arrangements with a responsible
party or the responsible party's insurance company for the payment
of fees and costs for emergency services rendered by the Borough on
an installment basis as agreed to by the parties in writing and approved
by the Borough's Municipal Council.
(4)
The Fire Department shall provide a financial reporting to the Borough's
Chief Financial Officer on a semiannual basis of:
(a)
The opening balance of funds on hand that are collected through
this chapter.
(b)
Number of billings issued.
(c)
Amount of collections in satisfaction of billings issued.
(d)
A detailed listing of any amounts disbursed, including the name
of the vendor receiving disbursements and purpose of disbursement.
(e)
The ending balance of funds on hand.
F.
Procedure for billing.
(1)
The Borough is hereby authorized to enter into a contract with a
third-party billing agency and/or collection agency to recover the
fees and costs associated with the performance of emergency services
by the Borough, provided that the following standards for third-party
billing are met:
(a)
The third-party billing service is to be provided at an amount
consistent with the fair market value for the services rendered.
(b)
Unless otherwise set forth in § 94-14D above, neither the billing agency nor any of its employees are exempt from the provisions of this chapter.
(c)
The billing agency is bonded and/or insured in amounts satisfactory
to the Borough of Kenilworth.
(2)
The Borough may, at its discretion, bill additionally for material
and vehicle costs in the case of any malicious false call or alarm
or for any major, extraordinary, or unique incidents, including, but
not limited to, fire emergency and rescue incidents that destroy or
severely damage emergency services equipment.
(3)
User fees.
(a)
Any and all amounts collected as a result of this chapter shall
be used exclusively for the replacement or maintenance of Fire Department
emergency services materials, equipment and training and shall be
held in trust by the Borough's Chief Financial Officer for that
purpose.
(b)
The Borough of Kenilworth may implement rules and/or regulations
and/or revoke or amend existing rules and/or regulations as may be
deemed necessary for the billing and/or collection and use of user
fees pursuant to this chapter.
(4)
Uncollectable accounts.
(a)
All costs and fees are anticipated to be paid by the responsible
party's insurance company. In the instance where the Borough
receives notification from the insurance carrier that it will not
honor the invoice, the Borough is authorized to invoice the responsible
party directly and take any legal action necessary to collect the
fee(s), including negotiating a settlement.
[1]
It shall be a violation of this subsection for any responsible
party to fail to pay the amounts hereunder within 30 days of invoice
or other written demand.
(b)
The Borough may, at its discretion, write off the uncollected
fee amounts as a bad debt, without prejudice to the responsible party.
(c)
Should the Borough determine that an insurance carrier has remitted
a fee to the responsible party involved and the responsible party
fails to remit the fee, the Borough is authorized to pursue all legal
means and appropriate action in order to collect the account.
