[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-1974 as Ch. 59 of the 1974 Code;
amended in its entirety 5-3-2004 by Ord. No. 8-04]
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.
[Amended 7-19-2004 by Ord. No. 14-04]
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.
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.
[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.
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.
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.
[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.
[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.
(Reserved)
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.
[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]
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.
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.
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.
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.
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.
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.
The Bureau of Fire Prevention and the Borough Police Department shall
have concurrent jurisdiction to enforce the provisions of this article.
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.
Any person, firm or corporation violating this article shall be assessed
a fine of $100 per occurrence.
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.
