[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 515, 522,625 and 659.
[Ord. No. 797 § Preamble]
Whereas, the Uniform Fire Safety Act (P.L. 1983, c. 383) was
enacted for the purpose of establishing a system for the enforcement
of minimum fire safety standards throughout the State of New Jersey,
The New Jersey Department of Community Affairs has promulgated
minimum fire safety standards which have been made a part of the Uniform
Fire Code (N.J.A.C. 5:70 et seq.).
The Uniform Fire Safety Act authorizes municipalities to provide
for local enforcement of these standards and to establish local enforcement
agencies for that purpose.
It is in the best interest of the Borough of Peapack and Gladstone
to have the Uniform Fire Code enforced locally.
The local Fire Department has agreed to the plan, which is set
forth herein, for the administration and enforcement of the Uniform
Fire Safety Code.
[Ord. No. 797 § 1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383, 52:270-197 et seq.), the New Jersey Uniform Fire Code
(N.J.A.C. 5:70 et seq.) shall be locally enforced in the Borough of
Peapack and Gladstone.
[Ord. No. 797 § 2]
The enforcing agency shall be known as the Bureau of Fire Prevention
which is hereby created in the Borough of Peapack and Gladstone.
[Ord. No. 797 § 3]
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 Peapack and Gladstone other than one (1) and two
(2) unit dwellings 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.
[Ord. No. 797 § 4]
[Ord. No. 797 § 5]
a.
Appointment and Qualifications of Fire Official. The Fire Official
shall be certified by the State and be appointed by the Governing
Body pursuant to the State Uniform Fire Safety Code Act (P.L. 1983,
c. 393).
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.
All life hazard use inspectors shall be certified by the State.
c.
Term of Office. The Fire Official shall serve for a term of three
(3) years. Any vacancy shall be filled for the unexpired term.
d.
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.
e.
Appointment of Legal Counsel. The Governing Body shall specifically
appoint legal counsel to assist the agency in enforcing the Uniform
Fire Code.
[Ord. No. 797 § 6]
The Bureau of Fire Prevention established by subsection 12-1.3 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.
[Ord. No. 797 § 7; Ord. No. 987]
a.
In addition to the registration required by the Uniform Fire Code,
the following non-life hazard uses shall register with the Bureau
of Fire Protection. These uses shall be inspected on a three (3) year
cycle and shall pay fees as set forth below:
|
Business Use Groups
| ||
|---|---|---|
|
(Doctors, Lawyers, Accountants, etc.)
| ||
|
B-1
|
under 2500 square feet
|
$35.00
|
|
B-2
|
2500-4999 square feet
|
$45.00
|
|
B-3
|
5000-9999 square feet
|
$70.00
|
|
B-4
|
10000 square feet and over
|
$125.00
|
|
Factory Use Group
| ||
|
F-1
|
under 5000 square feet
|
$100.00
|
|
F-2
|
5000 square feet and over
|
$125.00
|
|
Mercantile Use Groups
(retail sales)
| ||
|
M-1
|
under 6000 square feet
|
$35.00
|
|
M-2
|
6000-11999 square feet
|
$70.00
|
|
Storage Use Groups
| ||
|
S-1
|
under 2500 square feet
|
$35.00
|
|
S-2
|
2500 square feet and over
|
$70.00
|
|
Residential Use Groups
| ||
|
R-A
|
(Reserved)
| |
|
R-B
|
3-6 units
|
$45.00
|
|
R-C
|
7-12 units
|
$60.00
|
|
R-D
|
13-20 units
|
$195.00
|
|
R-E
|
over 20 units
|
$350.00
|
|
Utility Use Groups
| ||
|
U-1
|
under 2500 square feet
|
$35.00
|
|
U-2
|
2500 square feet and over
|
$70.00
|
b.
Uses not classified above that are subject to the Uniform Fire Code
will be classified as business uses.
c.
Uses required to register with the State as life hazard shall be
charged and inspected according to the previous use of the building.
d.
Vacant buildings which create a fire hazard shall be charged and
inspected according to the previous use of the building.
e.
R-A uses shall be inspected and charged a fee only upon sale or change
of tenant.
f.
Late Fees: Fees not paid within thirty (30) days will be assessed
a penalty in an amount of fifty (50%) percent of the initial fee.
a.
The application fees for the permits listed in the N.J.A.C. 5:70-2.7a
shall be provided by State regulation.
b.
The cost for the issuance of a Certificate of Fire Code Status shall
be thirty-five ($35.00) dollars.
c.
The application fees for one- and two-family certificates of smoke
detector, carbon monoxide alarm and fire extinguisher compliance as
required by N.J.A.C. 5:70-2.3 shall be provided by State regulation
as per New Jersey Uniform Fire Code.
[Ord. No. 797 § 8; Ord. No. 987]
[Ord. No. 797 § 9]
(Reserved)
[Ord. No. 797 § 10]
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 local Construction Board of Appeals.
If no such body exists, appeals shall be made to the County Construction
Board of Appeals.
[Ord. No. 797 § 11]
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.
