[Ord. No. 2001-2 § 1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Elmer.
[Ord. No. 2001-2 § 2]
The Local Enforcing Agency shall be the Fire Prevention Bureau in the Borough of Elmer Fire Department.
[Ord. No. 2001-2 § 3]
The Local Enforcing Agency 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 Borough of Elmer, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. No. 2001-2 § 4]
The Local Enforcing Agency established by subsection 12-1.2 shall carry out the period inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Ord. No. 2001-2 § 5; New]
The Local Enforcing Agency established by subsection 12-1.2 shall be a part of the Borough of Elmer Fire Department and shall be under the direct supervision and control of the Fire Official. The Chief of the Borough of Elmer Fire Department shall be responsible for appointing a Fire Committee which Committee shall recommend a Fire Official. The Fire Official shall report to the Chairman of the Safety Committee, who shall be a Council person and Fire Committee on a monthly basis and the Chairman shall report to Borough Council, also on a monthly basis.
[Ord. No. 2001-2 § 6]
a. 
Appointment of Fire Official. The Fire Official shall be appointed by the Borough Council upon the recommendation of the Fire Committee.
b. 
Term of Office. The Fire Official shall serve a term of one year beginning January 1 of each year. Any vacancy shall be filled for the unexpired term.
c. 
Inspectors and Employees. Such inspectors and other employees as may be necessary in the Local Enforcing Agency shall be appointed by the Borough Council upon the recommendation of the Fire Official.
d. 
Removal from Office. The Fire Official, inspectors and other employees of the Enforcing Agency shall be subject to removal by the Borough 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.
[Ord. No. 2001-2 § 7; New]
a. 
Registration; Annual Fees. 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 once per year and shall pay an annual fee as set forth below:
Business Use Group
B/1
Under 2,500 sq. ft.
$ 25.00
B/2
2,500-4,999 sq. ft.
$ 35.00
B/3
5,000-9,999 sq. ft.
$ 60.00
B/4
10,000 and over sq. ft.
$110.00
Factory Use Group
F/1
Under 5,000 sq. ft.
$ 75.00
F/2
5,000-11,999 sq. ft.
$100.00
Mercantile Use Group
M/1
Under 6,000 sq. ft.
$ 25.00
M/2
6,000-11,999 sq. ft.
$ 50.00
Storage Use Group
S/1
Under 2,500 sq. ft.
$ 25.00
S/2
2,500-11,999 sq. ft.
$ 50.00
Residential Use Group
R/A
Non-owner occupied 1 and 2 units
$ 20.00
R/B
3-6 units
$ 25.00
R/C
7-12 units
$ 50.00
R/D
13-20 units
$175.00
R/E
Over 20 units
$350.00
Utilities Use Group
U/1
Under 2,500 sq. ft.
$ 25.00
U/2
2,500 and over sq. ft.
$ 50.00
b. 
R/A uses shall be inspected and charged a fee only upon sale or change of tenant.
c. 
Uses not classified above that are subject to the Uniform Fire Code shall be classified as business uses.
d. 
Uses required to register with the State as life hazard uses shall not be required to register under this section.
e. 
Mixed Uses. Full fee shall be charged for main use and half fee for other uses.
f. 
Nonprofit Organization. Fee exempt, but permit required.
[Ord. No. 2001-2 §§ 9—11]
a. 
The permit fees established by the Uniform Fire Code shall be charged by the Borough of Elmer. These charges may be obtained from the Fire Official.
b. 
Nonprofit organizations are exempt from the payment of a fee; however, such organizations must obtain required permits.
c. 
The permit fees and non-life hazard fees shall be collected by the Fire Official and placed in the Borough Fire Safety Account.
d. 
A Penalty Trust Account shall be set up in accordance with N.J.A.C. 5:70-2.12 and N.J.A.C. 5:70-2.12A.
[Ord. No. 2001-2 § 12]
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 Construction Board of Appeals of Salem County.
N.J.S.A. 39:4-138 also regulates parking near fire hydrants.
[Ord. No. 99-11 § 14; New]
No person shall in any manner obstruct or prevent free access to any fire hydrant, or place or store temporarily or otherwise, any object, materials, snow, debris or structure of any kind within a distance of 10 feet of any fire hydrant. Any obstruction, when discovered, shall be removed at once by a Borough Official or the Police at the expense of the person responsible for the obstruction, and will also subject them to penalties contained in Chapter 1, Section 1-5.
[Ord. No. 2014-3]
Persons and organizations wishing to conduct recreational, cooking or ceremonial fires within the Borough of Elmer.
[Ord. No. 2014-3]
To provide uniform direction and application of ordinances, codes and law governing open burning activities.
[Ord. No. 2014-3]
A person shall not cause or allow burning unless approved in accordance with this section.
[Ord. No. 2014-3]
a. 
Bonfires.
1. 
Permit Required: A Type I Permit shall be obtained from the Bureau of Fire Prevention for a bonfire. An inspection for such bonfire must occur prior to the event.
2. 
Bonfire Permit Conditions.
(a) 
Bonfires shall be no larger than three feet (3) by three feet (3) and three feet (3) in height, and consist of dry seasoned firewood ignited by kindling only.
(b) 
Burning of trash, rubbish, leaves and construction debris shall be prohibited.
(c) 
Flammable liquids or accelerants SHALL NOT BE USED to ignite said fires.
(d) 
Such fires shall be constantly attended by someone over the age of 18 with the readily available means of extinguishment (fire extinguisher, garden hose).
(e) 
The fire shall be extinguished completely before left unattended.
(f) 
No fire shall be burned or ignited when winds are in excess of 15 miles per hour (per National Weather Service) or otherwise prohibited by degree from the New Jersey Division of Forestry.
(g) 
Bonfires shall not be located closer than 20 feet from any building or structure and not within 20 feet of a property line.
(h) 
The smoke from the bonfire shall not create a nuisance.
b. 
Chimneys, Outdoor Fireplaces, Fire Pits and Fire Rings.
By definition, these devices are not considered open burning. Permits are not required to use these devices. The same rules that regulate bonfires shall apply, and shall not exceed three feet in length or circumference.
These devices should NOT be used:
1. 
On a combustible deck or patio.
2. 
On balcony or breezeways of apartments of multi-family dwellings.
3. 
The device shall have an enclosure, heavy screen or spark arrestor to control and contain embers and sparks.
4. 
The device shall be used on a stable level surface.
5. 
If the fireplace is a propane unit, only propane shall be used.
6. 
Closer than 15 feet to any building or structure, and not within 15 feet of a property line.
7. 
Manufactured outdoor fireplaces and pits and rings shall be operated in accordance with the manufacturers assembly, safety and operating instructions.
[Ord. No. 2014-3]
In the event that the Fire Department or Police Department is called due to a violation in this section, then the Fire Officer or Police Officer shall determine whether to extinguish the fire for safety concerns and either Officer shall have the authority to issue a written citation for the section violation.
[Ord. No. 2014-3]
Any person, entity or corporation who or which violates any provision of this section shall, upon conviction thereof, be punishable by one or more of the following:
a. 
A fine of not less than $25.00 nor more than $2,000.00.
b. 
A period of community service up to but not exceeding 30 days.
c. 
Any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
Any person who is convicted of violating this section within one year of the date of a previous violation of the same section and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the violation of the section.