Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[Added 6-26-1985 by Ord. No. 18-85; amended 5-12-2005 by Ord. No. 03-05]

§ 139-16 Local enforcement.

Pursuant to § 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Rockaway.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 139-17 Agency designation.

The local enforcing agency shall be the Rockaway Fire Department 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.

§ 139-18 Duties.

A. 
Within the established boundaries of the Borough of Rockaway, the local enforcing agency shall enforce the Uniform Fire Safety Act in all buildings, structures, and premises other than one- and two-unit owner-occupied buildings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 139-19 Organization.

A. 
The Bureau of Fire Prevention established by § 139-17 of this article shall be under the direct supervision and control of the Fire Marshal, who shall report to the Chief of the Fire Department.
B. 
The Bureau of Fire Prevention shall have at least one paid inspector.

§ 139-20 Appointments, qualifications, term of office, removal.

A. 
Appointment and qualifications of the Fire Marshal. The Fire Marshal shall be certified by the state and appointed by the Mayor with the advice and consent of members of the Council.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency may be appointed by the Mayor with the advice and consent of members of the Council upon recommendation of the Fire Marshal. All life hazard use inspectors shall be certified by the state.
C. 
Appointment of legal counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code. In the absence of such appointment, the Borough Attorney shall serve as counsel to the agency.
D. 
Term of office. The Fire Marshal shall serve for a term of one year and until his/her successor shall be duly qualified for the office. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. The Fire Marshal, inspectors and other employees of the agency shall be subject to removal by the governing body 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.

§ 139-21 Life hazard uses.

The Bureau of Fire Prevention established by § 139-17 of this article 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.

§ 139-22 Non-life hazard uses.

[Amended 7-8-2010 by Ord. No. 12-10; 7-28-2011 by Ord. No. 08-11; 10-11-2012 by Ord. No. 20-12; 12-11-2014 by Ord. No. 15-14]
A. 
In addition to the registrations required by the Uniform Fire Code, the owner of all non-life hazard premises shall register with the Bureau of Fire Prevention. These premises shall be inspected once per year and shall pay an annual fee to the Borough of Rockaway based upon the square footage of the space or upon the number of garages or storage areas within multiple family dwelling units as set forth in Chapter A263:
(1) 
Premises under 3,000 square feet.
(2) 
Premises over 3,000 square feet and under 6,000 square feet.
(3) 
Premises over 6,000 square feet and under 12,000 square feet.
(4) 
Premises over 12,000 square feet.
(5) 
Multilevel premises with up to and including three stories.
(6) 
Multifamily dwellings (Use Group R-2 as defined in the Uniform Construction Code).
(7) 
Garages or storage areas within multi-family dwelling units.
(8) 
One-day fire permit for cooking use.
[Added 9-22-2016 by Ord. No. 19-16]

§ 139-23 Permits and certificate of fire code status.

A. 
The application fees for the permits listed in N.JA.C. 5:70-2.7(b) shall be as provided by state regulation.
B. 
The cost for the issuance of a certificate of fire code status shall be as provided in Chapter A263, Fees.
[Amended 3-28-2013 by Ord. No. 04-13]

§ 139-24 Technical amendments.

(Reserved)

§ 139-25 Board of appeals.

Pursuant to §§ 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 Morris County Construction Board of Appeals.

§ 139-26 Enforcement, violations and penalties.

Enforcement, violations, and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.