Township of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mendham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 127.
Property maintenance — See Ch. 258.
[Adopted by Ord. No. 20-1985 (Sec. 28-1 of the 1998 Revised General Ordinances)]

§ 177-1 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., the New Jersey Uniform Fire Code shall be locally enforced in the Township of Mendham.

§ 177-2 Definitions.

[Amended 12-12-2005 by Ord. No. 16-2005[1]]
As used in this article, the following terms shall have the meaning indicated. Any term not defined herein shall have the meaning ascribed to it in N.J.A.C. 5:70-1.5.
ACT
Any Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq.
BUREAU
The Mendham Township Bureau of Fire Prevention.
CODE
The New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq.
FIRE MARSHAL
Fire Official.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 177-3 Agency designation.

The local enforcement agency shall be the Bureau of Fire Prevention, which is hereby created with the Mendham Township Fire Department.

§ 177-4 Members; meetings.

The Bureau shall be composed of the Township Fire Chief, both Company Fire Chiefs, both Assistant or First Assistant Fire Chiefs and its Fire Official. Meetings shall be held quarterly and an annual report shall be submitted to the Township Committee.

§ 177-5 Duties.

The Bureau of Fire Prevention shall enforce the Uniform Fire Safety Act and the codes and regulations adopted pursuant thereto in all buildings, structures and premises within the established boundaries of the Township, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and Uniform Fire Code.

§ 177-6 Life hazard uses.

The Bureau of Fire Prevention established by § 177-3 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 177-7 Fire Official.

[Amended 12-12-2005 by Ord. No. 16-2005]
The Bureau of Fire Prevention shall be under the direct supervision of the Fire Official who shall perform those duties as set forth in the Regulations for Fire Code Enforcement, N.J.A.C. 5:71-3.3, at the direction of the Mendham Township Fire Chief.
A. 
Additional duties. In addition to the duties enumerated in N.J.A.C. 5:71-3.3, the Fire Official shall:
(1) 
Review all submittals to the Township Planning Board and the Township Zoning Board of Adjustment and shall comment on the impact proposed development will have on the fire protection services of the Township.
(2) 
With the assistance of the Bureau, locate all fire hydrants, suction points, cisterns or other fire appliances.
(3) 
Review and comment upon any proposed ordinances, resolutions or other official acts of the Township that may impact on fire protection of the Township.
(4) 
Pursuant to N.J.A.C. 5:71-2.2(b), enforce the code in all property owned by the County of Morris or any county or regional authority.
[Amended 12-12-2005 by Ord. No. 16-2005]
B. 
Qualifications of Fire Officials. The Fire Official shall be certified in accordance with N.J.A.C. 5:71-4.1 et seq. and any amendments thereto. No person serving as Mendham Township Fire Chief shall, during his/her term as Fire Chief, serve as Fire Official.
C. 
Appointment of Fire Official. The Fire Official shall be appointed by the Township Committee.
D. 
Term of Fire Official. The Fire Official shall serve for a term of one year commencing on January 1 and ending on December 31. Any vacancy shall be filled for the unexpired term.
E. 
Fire Safety inspector. Upon the unanimous recommendation of the Company Fire Chiefs, the Township Committee may appoint Fire Safety Inspectors and other employees to assist the Fire Official in the performance of his/her duties.
F. 
Removal from office. The Fire Official, the Fire Safety Inspectors and other personnel of the Fire Prevention Bureau shall be removed from office during the term of appointment only for good cause shown and after having been afforded a hearing before the Township Committee. The revocation or expiration without renewal of certification by the Department is hereby specifically made good cause for removal. Any charges against the Fire Official or any Fire Safety Inspector shall be brought by the Mendham Township Administrator.

§ 177-8 Collection of revenue.

A. 
The Department of Community Affairs shall collect all fees for the registration of life hazard uses as required by N.J.A.C. 5:71-2.6.
[Amended 12-12-2005 by Ord. No. 16-2005]
B. 
The Bureau of Fire Prevention shall be responsible for the collection of all annual fees for the inspections of non-life-hazard uses, for the issuance of permits, for the processing of variance applications and for the issuance of Certifications of Fire Code Status. Such fees shall be delivered to the Township Finance Officer within 48 hours of collection.
C. 
All funds collected shall be appropriated by the Township Committee for enforcement of the Act.

§ 177-9 Permit fees; additional required inspections and fees. [1]

A. 
The permit fees shall be as established by the New Jersey Uniform Fire Code.
B. 
Collection remedies. Any remedies made available by the code for enforcement of its provisions and collection of fees therein are specifically made available for enforcement of any provisions and collection of any fees established by the Township beyond those specified in the code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 177-10 Technical amendments.

(Reserved)

§ 177-11 Appeals.

Any person aggrieved by any order of the Bureau shall have the right to appeal to the Construction Board of Appeals of the County of Morris.

§ 177-12 Legal counsel.

The Township Attorney shall assist the Bureau in the enforcement of the Act. He/she shall advise the Bureau and undertake such actions at law as the Fire Official shall deem necessary to gain compliance with the code.