Township of West Caldwell, NJ Chapter 12 Fire Prevention

§ 12-1 UNIFORM FIRE CODE.

§ 12-1.1 Local Enforcement.

[1993 Code § 95-1; Ord. No. 1542 § 1]

a. Adoption. Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced in the Township of West Caldwell.

[1] Editor's Note: See N.J.S.A. 52:27D-202. See Chapter 4 for the establishment of the Fire Department.

b. Public Record. Three copies of the Fire Prevention Code (N.J.A.C. 5:70-3 et seq.) and Fire Safety Code (N.J.A.C. 5:70-4 et seq.), adopted pursuant to the authority of the Uniform Fire Safety Act (P.L. 1983, c. 383), shall be filed in the office of the Township Clerk/Administrator and will remain on file in that office for the use and examination of the public.

c. Definitions. As used in the Uniform Fire Safety Act (P.L. 1983, c. 383) and in the regulations adopted pursuant thereto, the following terms shall have the meanings indicated:

MUNICIPALITY

Shall mean the Township of West Caldwell.

§ 12-1.2 Local Enforcement Agency Designated.

[1993 Code § 95-2]

The local enforcing agency shall be the Bureau of Fire Prevention in the West Caldwell Fire Department.

§ 12-1.3 Duties of Local Enforcing Agency.

[1993 Code § 95-3; Ord. No. 1542 § 2]

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

§ 12-1.4 Inspections of Life Hazard Uses.

[1993 Code § 95-4]

The Bureau of Fire Prevention established by subsection 12-1.2, shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 12-1.5 Organization of Bureau.

[1993 Code § 95-5]

The Bureau of Fire Prevention established by subsection 12-1.2 shall be a part of the West Caldwell Fire Department and shall be under the direct supervision and control of the Fire Official as hereinafter provided. The Fire Official may also be the Chief of the Fire Department. If the Fire Official is other than the Chief of the Fire Department, then the Fire Official shall report to the Chief of the Fire Department, who in turn shall report to the Mayor and Council and shall be under the direct charge of the Township Clerk/Administrator.

§ 12-1.6 Appointments; Qualifications; Terms; Removal.

[1993 Code § 95-6; Ord. No. 1542 §§ 3, 4]

a. Appointment. The Fire Official shall be certified by the state and shall be appointed by the Mayor and Council with the advice and consent of the Council. In making this appointment, the Mayor and Council shall make the appointment from among a list of three recommendations provided by the Public Safety Committee.

b. Term of Office. The Fire Official shall serve for a term of three years from the date of his appointment and shall hold office during good behavior, efficiency and residency in the township or until such time as he shall be removed for cause on charges after due hearing.

c. Inspectors and Employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor with the advice and consent of the Council upon the recommendation of the Fire Official.

d. Removal from Office. Inspectors and other employees of the enforcing agency shall be subject to removal by the Mayor and Council for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.

§ 12-1.7 Board of Appeals.

[1993 Code § 95-7]

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the Bureau of Fire Prevention shall have the right to appeal to the Essex County Construction Board of Appeals.

[1] Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.

§ 12-1.8 Permits and Fees.

[1993 Code § 95-8; Ord. No. 1542 §§ 5 — 8]

a. Permits. Permit fees shall be established by the Uniform Fire Code, N.J.A.C. 5:70 et seq.

b. Fees Waived. Permit fees required by the Uniform Fire Code shall be waived for buildings and activities operated by the following:

1. The Township of West Caldwell.

2. The Caldwell-West Caldwell Board of Education.

c. Fees. The following fees are hereby established:

1. Certificate of Fire Code Status Smoke Detector and Carbon Monoxide Alarm Compliance (CSDCMAC) Fee: $25 per inspection for smoke detector inspection for single- and two-family dwellings.

(a) $35 per initial inspection.

(b) $25 for each reinspection required following unsuccessful initial inspection.

2. Certificate of Fire Code Status Fee: $15 per certificate for other than those listed in paragraph c1 above.

3. Report copy fee.

(a) By mail: $5 per report.

(b) In person: $0.50 per page.

4. Non-life-hazard registration fees:

(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 in accordance with the requirements of the New Jersey Uniform Fire Code and pay an annual fee. These fees are not to be used for life hazard uses as defined in the Uniform Fire Code.

A.	Assembly
	A-1	Eating establishments under 50	$25
	A-2	Take out food service (no seating)	$25
	A-3	Church or synagogue	$25
	A-4	Recreation centers, multi-purpose rooms, etc., fewer than 100	$50
	A-5	Fraternal organizations, condominium centers fewer than 100	$50
	A-6	Senior citizen centers fewer than 200	$50
B.	Business/Professional
	B-1	Professional use 1 & 2 story up to 5,000 square feet per floor	$50
	B-2	Professional use 1 & 2 story more than 5,000 square feet up to 10,000 square feet per floor	$100
	B-3	Professional use 1 & 2 story more than 10,000 square feet per floor	$200
F	Factory (Manufacturing)
	F-1	1 & 2 story up to 5,000 square feet per floor	$100
	F-2	1 & 2 story more than 5,000 square feet up to 10,000 square feet per floor	$150
	F-3	1 & 2 story more than 10,000 square feet per floor	$200
M	Mercantile (Retail)
	M-1	1 & 2 story up to 5,000 square feet per floor	$100
	M-2	1 & 2 story more than 5,000 square feet up to 10,000 square feet per floor	$150
	M-3	1 & 2 story more than 10,000 square feet per floor	$200
R	Residential (Common Areas Each Building)
	R-1	1 to 6 units	$25
	R-2	7 to 12 units	$50
	R-3	13 to 20 units	$75
	R-4	21 to 50 units	$100
	R-5	For each additional unit	$2
S	Storage (Moderate Hazard S-1, Low Hazard S-2)
	S-1	1 & 2 story up to 5,000 square feet per floor	$50
	S-2	1 & 2 story more than 5,000 square feet up to 10,000 square feet per floor	$100
	S-3	1 & 2 story more than 10,000 square feet	$200

(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 uses shall not be required to register under this section.

(d) In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.

§ 12-1.9 Obstruction of Fire Lanes.

[New]

Obstruction of any fire lane, which has been designated pursuant to the New Jersey Uniform Fire Code, (N.J.A.C. 5:18 et seq.), is prohibited. The Fire Prevention Bureau and the Police Department shall have authority to enforce this subsection.