[Ord. 375; Ord. 400; Ord. 461; Ord. 522]
That certain code described and commonly known as the "New Jersey Uniform Fire Code (PL 1983, C.383)" setting forth minimum requirements and controls to safeguard life, property or public welfare from the hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises is hereby adopted as the Fire Prevention Code for the borough and shall be enforced locally within said borough. Three copies of said code have been placed on file in the office of the borough clerk and shall remain on file there for the use and examination of the public.
The local enforcing agency for the Borough of Hopewell shall be the bureau of fire safety within and as part of the board of fire commissioners of Fire District No. 1 in the Borough of Hopewell.
The local enforcement 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 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.
The local enforcing agency established by subsection 15-1.2 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The bureau of fire safety acting as the local enforcing agency established under subsection 15-1.2 of this section shall be under the supervision of the fire official appointed by the board of fire commissioners. The fire official shall report to and be responsible to the board of fire commissioners.
All funds generated by the local enforcing agency shall be appropriated by the board of fire commissioners to support the operations of the local enforcing agency and any additional funds as may be necessary to support the operations of the local enforcing agency shall be raised by the fire district in the manner provided by law.
The board of fire commissioners shall appoint a fire official who shall serve as the chief administrative officer of the agency. The fire official shall establish the day to day operating routines of the agency and shall coordinate the activities of all inspectors and other staff. The fire official shall be appointed and serve for a term of three years, said term to commence on April 1.
Such additional inspectors and other employees as may be necessary in the local enforcing agency shall be appointed in the same manner by the board of fire commissioners. All additional inspectors and employees shall be appointed annually for a term of one year to commence on April 1.
The fire official, all inspectors and other employees of the local enforcing agency shall be subject to removal by the board of fire commissioners, only for good cause shown after an opportunity to be heard by the appointing authority or a designated hearing officer.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Mercer County.
The permit fees established by the New Jersey Uniform Fire Code (P.L.1983, c.383), for use group types 1 through 5 shall be as permitted by said law as amended from time to time.
Industrial and Commercial Uses Not Classified as "Life Hazard Uses" by the Uniform Fire Code.
All non-life hazard uses shall be inspected at least once every three years.
The inspection fees specified in subsection 15-1.10a and b shall be paid by the occupant of the premises as to industrial and commercial uses not classified as "life hazard uses" and by the owner of the premises for multiple family dwellings.
Written notice of the inspection shall be personally delivered to the occupant or owner at the time of the inspection or if mailed to the occupant or owner, by the fire official, mailed by certified mail not less than 30 days prior to the date fixed by said certified mail notice for the inspection. The inspection fee shall be paid to the fire official on or before the date of the inspection.
No person shall use or operate any fire hydrant intended for use of the fire department for fire suppression purposes unless such person first secures a permit for such use from the fire official and the water company having jurisdiction. This subsection shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by the water company having jurisdiction.
The fire official shall recommend to the chief administrative official of the municipality the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the fire official.
[Ord. 315; Ord. 522]
There is hereby adopted by the Borough of Hopewell the fire control measures and regulations as herein set forth for the purposes of controlling conditions which could impede or interfere with fire suppression forces.
The fire official or his duly authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. The fire official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the fire department. The fire official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the fire official.
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any fire department emergency vehicle in any way, or to interfere with, attempt to interfere, conspire to interfere with, obstruct or hamper any fire department operation.
A person shall not willfully fail or refuse to comply with any lawful order or direction of the fire official or to interfere with the compliance attempts of another individual.
A vehicle shall not be driven or propelled over any unprotected fire hose of the fire department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the fire official in command of said operation.
Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.
Upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the fire official or a police officer.
It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet from any fire apparatus traveling in response to a fire alarm, or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.
A person shall not, without proper authorization from the fire official in charge of said fire department emergency equipment, cling to, attach himself to, climb upon or into, board, or swing upon any fire department emergency vehicle, whether the same is in motion or at rest; or sound the siren, horn, bell or other sound-producing device thereon, or to manipulate or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing on, or a part of, any fire department emergency vehicle.
It shall be unlawful for any person to damage or deface, or attempt, or conspire to damage or deface any fire department emergency vehicle at any time, or to injure, or attempt to injure or conspire to injure fire department personnel while performing departmental duties.
The driver of any emergency vehicle, as defined in subsection 15-2.6 of this section, shall operate such emergency vehicle in compliance with all applicable laws of the State of New Jersey.
Editor's Note: Former subsections 15-2.12 through 15-2.17 pertaining to fire hydrants and fire suppression systems were repealed in their entirety by Ordinance No. 522.
All ordinances or parts of ordinances in conflict with any of the provisions of this section are hereby repealed.
This section shall take effect and be in force upon its final passage and publication as provided by law.
[Ord. 493; Ord. 747]
All structures used or intended for use for residential purposes by not more than two households shall have smoke sensitive alarm devices as required by New Jersey P.L. 1991, Chapter 92.
In any case of change of occupancy of a structure subject to the requirements of subsection 15-3.1, no owner shall sell, lease or otherwise permit occupancy for residential purposes of such structure without first obtaining a certificate of compliance. An application for the certificate of compliance shall be made by the owner to the local fire official on such forms as may be provided by said official and shall pay a fee at the time of filing the application. The fee for the certificate of compliance shall be in the amounts prescribed in the New Jersey Uniform Fire Code. The local fire official shall promptly make an inspection of the structure to determine that the structure is equipped with the required alarm devices, and if the structure is so equipped shall immediately issue the certificate of compliance.
Any owner who sells, leases, rents or otherwise permits the occupancy for residential purposes of any structure subject to the provisions of P.L. 1991, Chapter 92 and this section or who fails to comply with the inspection and certification requirements of this section shall be subject to a fine of not more than $500, which may be collected and enforced by the local fire official by summary proceedings pursuant to the penalty enforcement law. (N.J.S. 2A:58-1 et seq.)