[HISTORY: Adopted by the Township Committee of the Township
of Mendham as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 20-1985 (Sec. 28-1 of the 1998 Revised General Ordinances)]
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.
[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.
Any Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq.
The Mendham Township Bureau of Fire Prevention.
The New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq.
Fire Official.
The local enforcement agency shall be the Bureau of Fire Prevention,
which is hereby created with the Mendham Township Fire Department.
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.
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.
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.
[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.
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.
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.
(Reserved)
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.
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.
