Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 20.
Alarms — See Ch. 62.
Unfit buildings — See Ch. 81.
Uniform construction codes — See Ch. 90.
Hazardous materials — See Ch. 118.
[Adopted 11-4-1974 as Ch. 59 of the 1974 Code; amended in its entirety 5-3-2004 by Ord. No. 8-04]

§ 106-1 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 83), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Mendham.

§ 106-2 Agency designation.

[Amended 7-19-2004 by Ord. No. 14-04]
A. 
The local enforcing agency shall be the Mendham Borough Fire Department[1] through its Bureau of Fire Prevention which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the "local enforcing agency."
[1]
Editor's Note: See Ch. 20, Fire Department.
B. 
The Bureau of Fire Prevention shall be composed of the Fire Official/Fire Marshal, inspectors and such other support personnel as necessary to enforce the Uniform Fire Code. The Fire Official/Fire Marshal shall be appointed by the Borough Council. The Fire Official/Fire Marshal may recommend to the Borough Council that the Borough Council employ technical investigators if the same be needed.
C. 
The Bureau of Fire Prevention shall submit a monthly report to the Borough Council.

§ 106-3 Duties.

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 Mendham other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes, and buildings, structures and premises owned or operated by federal government, interstate agencies or the State of New Jersey.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act[1] and Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 106-4 Organization.

[Amended 7-19-2004 by Ord. No. 14-04]
A. 
The Bureau of Fire Prevention established by § 106-2 shall be under the direct supervision and control of the Fire Official/Fire Marshal who shall report to the Borough Administrator.
B. 
The Bureau of Fire Prevention shall have a paid fire official and as many paid inspectors as are necessary to properly enforce the Uniform Fire Code.

§ 106-5 Appointment; qualifications; term of office; removal.

A. 
Appointment and qualifications of the Fire Official/Fire Marshal. The Fire Official/Fire Marshal shall be certified by the state and nominated annually by the Chief of the Fire Department and appointed by the governing body.
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 recommendation of the Fire Official/Fire Marshal. All life-hazard-use inspectors shall be certified by the State of New Jersey.
C. 
Term of office. The Fire Official shall serve for a term of one year commencing January 1. Any vacancy shall be filled for the unexpired term.
D. 
Removal from office. The Fire Official, inspectors and other employees of the Bureau of Fire Prevention shall be subject to removal by the Borough Council 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.

§ 106-6 Life-hazard uses.

The Bureau of Fire Prevention established by § 106-2 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.

§ 106-7 Non-life-hazard uses.

[Amended 7-19-2004 by Ord. No. 14-04]
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.
Use
Annual Fee
A.
Assembly Use Group
A-1 Eating establishment under 50
$50
A-2 Take-out food service (no seating)
$50
A-3 Houses of worship not exclusively used for religious purposes
$50
A-4 Recreation centers, multipurpose, etc. (fewer than 50)
$75
A-5 Court rooms, library, fraternal organizations, condominium centers (fewer than 50)
$75
A-6 Senior centers (fewer than 50)
$75
B.
Business Use Group
B-1 Professional use one and two story (less than 5,000 square feet)
$50
B-2 One and two story (more than 5,000 square feet and less than 12,000 square feet)
$75
B-3 One and two story (more than 12,000 square feet)
$100
B-4 Three to five story (less than 5,000 square feet)
$100
B-5 Three to five story (more than 5,000 square feet and less than 12,000 square feet)
$150
B-6 Three to five story (more than 12,000 square feet)
$200
C.
Retail/Mercantile Use Group
M-1 One and two story (less than 5,000 square feet)
$125
M-2 One and two story (more than 5,000 square feet and less than 12,000 square feet)
$150
M-4 Three to five story (less than 5,000 square feet)
$200
M-5 Three to five story (more than 5,000 square feet and less than 12,000 square feet)
$225
D.
Manufacturing/Factory Group
F-1 One and two story (less than 5,000 square feet)
$100
F-2 One and two story (more than 5,000 square feet and less than 12,000 square feet)
$125
F-4 Three to five story (less than 5,000 square feet)
$175
F-5 Three to five story (more than 5,000 square feet and less than 12,000 square feet)
$200
S.
Storage Use Group
S-1 One and two story (less than 5,000 square feet)
$75
S-2 One and two story (more than 5,000 square feet and less than 12,000 square feet)
$125
S-4 Three to five story (less than 5,000 square feet)
$175
S-5 Three to five story (more than 5,000 square feet and less than 12,000 square feet)
$200
R.
Residential Use Group
R-1 1 to 2 units
See § 106-7B
R-2 3 to 6 units
See § 106-7G
R-3 7 to 12 units
See § 106-7G
R-4 13 to 20 units
See § 106-7G
R-5 Over 20 units
See § 106-7G
U.
Utilities Use Group
U-1 Under 2,500 square feet
$100
U-2 2,500 and over square feet
$125
E.
Common Areas Use Group
E-1 One and two story (less than 5,000 square feet)
$75
E-2 One and two story (more than 5,000 square feet and less than 12,000 square feet)
$100
E-3 One and two story (more than 12,000 square feet)
$125
E-4 Three to five story (less than 5,000 square feet)
$125
E-5 Three to five story (more than 5,000 square feet and less than 12,000 square feet)
$150
E-6 Three to five story (more than 12,000 square feet)
$200
A. 
R-1 fees shall be as set forth in the Uniform Fire Code, N.J.A.C. 5:70-2.9(d).
B. 
Uses not classified above that are subject to the Uniform Fire Code shall 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/Fire Marshal, vacant buildings which create a fire hazard shall be charged and inspected according to the previous use of the building.
E. 
Borough-owned buildings, buildings owned and occupied by municipal fire companies and/or rescue squads, buildings owned and occupied by nonprofit religious organizations that are used solely for religious purposes and buildings owned and occupied by nonprofit organizations used solely for nonprofit purposes shall be exempt from inspection fees.
F. 
All residential uses except R-1 uses shall be inspected in the common areas only and the fees established for the Common Areas Use Group shall apply.

§ 106-8 Permits.

[Amended 7-19-2004 by Ord. No. 14-04]
The permit fees established by the Uniform Fire Code shall be as set forth in the Uniform Fire Code.

§ 106-9 Technical amendments.

(Reserved)

§ 106-10 Board of Appeals.

Pursuant to Section 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Morris County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.

§ 106-11 Enforcement, violations and penalties.

[Amended 7-19-2004 by Ord. No. 14-04]
Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act,[1] the Uniform Fire Code and all other laws of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[Adopted 4-16-2007 by Ord. No. 4-07]

§ 106-12 Purpose.

It is determined that the operation and parking of motor vehicles in close proximity to buildings and areas devoted for public uses, including shopping centers, malls, banks, restaurants, stables, bars, gas stations, theaters and other places of public assembly, nursing homes, hospitals, schools, public buildings, churches and similar uses, fire hydrants, cisterns, and other Fire Department connection and suction points, constitute a danger to public health, safety and welfare in that the approach, operation and departure of fire equipment and other emergency vehicles are impeded by such operation and parking of motor vehicles.

§ 106-13 Authority to establish fire lanes.

A. 
The Bureau of Fire Prevention is hereby authorized, subject to approval by resolution adopted by the Borough Council, to establish fire lanes on properties in the Borough devoted to public uses, including but not limited to those uses described in § 106-12, where the operation and parking of motor vehicles in close proximity to buildings and designated areas located on such properties would prevent adequate ingress, egress, and operation of fire equipment and other emergency vehicles.
B. 
The fire lanes to be established pursuant to this section shall be designated in such areas of such properties as will ensure fire equipment and other emergency vehicles unobstructed means of ingress, egress and operation to such properties in the event of fire or other emergency.

§ 106-14 Factors for determination of fire lanes.

The number and location of such fire lanes shall be determined by the Fire Prevention Bureau, subject to approval by resolution adopted by the Borough Council. Such determination and approval shall be based upon the size, type of construction and location of the building, buildings or suction point involved; the use to which the property, building or buildings is put; the number of motor vehicles operated or parked upon the property; the number of persons using and occupying the property, building or buildings; the total area of the property, including the size of the parking lot; and all other factors which are relevant to the public health, safety and welfare of the inhabitants of the Borough. The actual dimensions of the fire lanes shall be the measurements established pursuant to Section F-311.0 of the New Jersey State Fire Prevention Code, which is adopted and enforced by the Borough in accordance with § 106-1.

§ 106-15 Establishment in front of hydrants, cisterns and other Fire Department connections.

Fire lanes are to be established and maintained in front of any fire hydrant, cistern or other Fire Department connection located on both public and private property.

§ 106-16 Posting of signs; marking of fire lanes.

All fire lanes within the Borough of Mendham shall be stripped and signs posted in the following manner:
A. 
Signs.
(1) 
All signs shall be 12 inches by 18 inches in size.
(2) 
Light-reflective material shall be used for the sign background and lettering.
(3) 
All signs, whether wall- or post-mounted, shall be placed 100 feet apart, center to center. Whenever the fire lane changes angle or direction more than 60°, a sign is to be placed at the point of change, and a sign is required at the beginning and end of the lane. In all circumstances, a sign shall be visible from another sign. Additional signs may be required at the discretion of the Fire Prevention Bureau.
(4) 
The sign shall be placed at a height of seven feet, as measured from the ground surface to the bottom of the sign at an angle of 45° facing the direction of the flow of traffic.
(5) 
The fire lane sign shall state "NO PARKING FIRE LANE."
B. 
Stripping.
(1) 
Strips shall be three inches wide.
(2) 
All fire lanes shall be stripped at a width of four feet, as specified by the Fire Prevention Bureau.
(3) 
The lettering "NO PARKING FIRE LANE" shall be placed within the stripped outer boundary lines of the fire lane at a minimum of one-hundred-foot intervals.
(4) 
The letters shall be 18 inches in height and shall be placed within the center of the fire lane.
(5) 
Paint for all letters and stripping shall be yellow in color and be of a reflective-type material.
C. 
Upon the designation of any such area as a fire lane, the Chief of the Fire Prevention Bureau shall promptly notify the owner of the premises of such designation. Within 30 days of his receipt of such notification, the owner of the premises shall cause to be erected on the premises, at such location or locations as shall be designated by the Chief of the Fire Prevention Bureau, signs and stripping indicating that parking is not permitted in said fire lanes.

§ 106-17 Erection of signs by Borough.

In the event the owner or owners of property fail or refuse to erect signs in accordance with the directions and specifications of the Borough as expressed in § 106-16, the Borough shall be permitted to enter onto the property and erect such signs and bill the property owner for the cost of the work. Failure of the property owner to pay to the Borough the full amount due within 10 days from a demand by the Borough shall be considered a violation of this chapter.

§ 106-18 Enforcement.

The Bureau of Fire Prevention and the Borough Police Department shall have concurrent jurisdiction to enforce the provisions of this article.

§ 106-19 Parking in or obstructing fire lanes.

No person shall at any time park or leave unattended a motor vehicle in any area designated as a fire lane, nor shall any person, firm or corporation place or construct any structure in a designated fire lane nor place any obstruction thereon which will impair the free passage and access of fire-fighting vehicles, apparatus or firemen or impair the free use of an exit or exit discharge from any building. This shall not apply to emergency vehicles or firemen while engaged in the actual performance of official duties.

§ 106-20 Violations and penalties.

Any person, firm or corporation violating this article shall be assessed a fine of $100 per occurrence.

§ 106-21 Removal of vehicle as additional penalty.

In addition to the penalty provided in § 106-20, when any motor vehicle shall be found to be improperly parked within any fire lane in violation of this article, any enforcing officer, in addition to any other remedies provided herein, may order the motor vehicle to be removed by a towing service. The owner of the vehicle, in addition to any other responsibilities incurred herein, shall be responsible for all towing and storage charges incurred.