Borough of Hopatcong, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 8-1-1985 by Ord. No. 20-85. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and structures — See Ch. 78.
Unfit buildings — See Ch. 81.
Uniform construction codes — See Ch. 93.
Fire insurance claims — See Ch. 116.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be enforced locally in the Borough of Hopatcong.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Bureau of Fire Prevention of the Borough of Hopatcong, which is hereby established.
The Bureau of Fire Prevention 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 Hopatcong, 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 Bureau of Fire Prevention, established by § 120-2 of this chapter, shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 4-7-1988 by Ord. No. 7-88]
A. 
The Bureau of Fire Prevention, established by § 120-2, shall be under the direct supervision and control of the Chief of the Bureau of Fire Prevention, who shall also be known as the "Borough Fire Marshal" and shall also be known as the "Fire Official," who shall be appointed by the Mayor with the advice and consent of the Council and the recommendation of the Fire Department. The Chief of the Bureau of Fire Prevention shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
B. 
The Bureau of Fire Prevention shall also have an Assistant Chief who shall be appointed by the Mayor with the advice and consent of the Council and the recommendation of the Chief of the Bureau of Fire Prevention. The term of office of the Assistant Chief of the Bureau of Fire Prevention shall run concurrently with that of the Chief of the Bureau of Fire Prevention. Any vacancy shall be filled for the unexpired term of the Chief of the Bureau of Fire Prevention.
[Amended 4-7-1988 by Ord. No. 7-88]
The Bureau of Fire Prevention shall be composed of the Chief of the Bureau of Fire Prevention, the Assistant Chief of the Bureau of Fire Prevention, the Chief of the Hopatcong Fire Department, the First Assistant Chief and Second Assistant Chief, the Engineer and Secretary of the Hopatcong Fire Department and the Captain and Lieutenant of Fire Companies 2, 3 and 4 of the Hopatcong Fire Department.
A. 
Such inspectors and other employees as may be necessary in the Bureau of Fire Prevention shall be appointed by the Mayor upon the recommendation of the Chief of the Bureau of Fire Prevention.
B. 
Inspectors shall be active members of the Hopatcong Fire Department. Inspectors shall hold the rank of Senior Inspector, Inspector or Assistant Inspector within the Bureau of Fire Prevention. The Mayor shall appoint the rank upon recommendation of the Chief of the Bureau of Fire Prevention.
C. 
Inspectors and other employees of the Bureau of Fire Prevention shall be subject to removal by the Chief of the Bureau of Fire Prevention 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.
[Amended 7-2-1987 by Ord. No. 19-87; 4-7-1988 by Ord. No. 7-88]
A. 
The Chief and the Assistant Chief of the Bureau of Fire Prevention shall have been a member of a fire department or fire departments for at least seven years prior to his appointment and shall hold certification as a Fire Official and Fire Inspector as required by N.J.A.C. 5:18A-44.
B. 
The Assistant Chief will not be compensated and will serve only in the prolonged absence of the Chief of the Bureau of Fire Prevention. If appointed as an Inspector, he will be compensated in accordance with Chapter 43 of the Code of the Borough of Hopatcong.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the Bureau of Fire Prevention shall have the right to appeal to the Construction Board of Appeals of Sussex County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
A. 
All structures and premises, except single-family and two-family dwellings, otherwise not designated as life-hazard uses: $25.
[Amended 3-4-1998 by Ord. No. 8-98]
[Amended 2-1-1990 by Ord. No. 3-90; 3-17-2004 by Ord. No. 10-2004; 11-4-2015 by Ord. No. 33-2015]
A. 
Permits shall be required and obtained from the Bureau of Fire Prevention for the activities specified in N.J.A.C. 5:70-2.7 of the New Jersey Uniform Fire Code except where they are an integral part of a process or activity by reason of which the use is required to be registered and regulated as a life hazard use. Permits shall at all times be kept in the premises designated therein and shall at all times be subject to inspection by the Fire Official. Unless otherwise exempt, permit fees must be collected prior to the issuance of any permit.
B. 
Permit fees established by the New Jersey Uniform Fire Code shall be as follows:
(1) 
Type 1: $42
(2) 
Type 2: $166
(3) 
Type 3: $331
(4) 
Type 4: $497
C. 
Nonprofit corporations organized under Title 15A of the New Jersey Statutes conducting Borough-sponsored events shall be exempt from payment of the permit fee. This exemption shall only apply to permit fees. Such nonprofit corporations shall not be exempt from any other provisions of this chapter or the New Jersey Uniform Fire Code, including registration, compliance, and penalties which may be assessed for any violations.
[Amended 4-7-1988 by Ord. No. 7-88; 4-6-2005 by Ord. No. 6-2005]
A. 
Location of fire lanes, drafting points, fire hydrants and fire station. Such reports shall be made available to interested parties after such parties make a request in writing to the Chief of the Bureau of Fire Prevention. A service fee of $25 shall be charged for each request.
B. 
All fees collected under Subsection A shall be remitted to the Borough Treasurer in accordance with State of New Jersey regulations.
[Amended 7-6-2011 by Ord. No. 18-2011]
A. 
Permanent fire lanes.
(1) 
The Chief of the Bureau of Fire Prevention of the Borough of Hopatcong, upon approval of the Mayor and Council in the form of a resolution, is authorized to establish fire lanes on property devoted to public use or to which the public is invited, including, but not by way of limitation, private lanes, private ponds, marinas, shopping centers, bowling alleys, churches, swimming pools and similar uses. These fire areas shall be established to ensure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and the building, persons and vehicles thereon, in case of fire or other emergency.
(2) 
The Chief of the Bureau of Fire Prevention of the Borough of Hopatcong shall recommend the number, location, width, length and markings of proposed fire lanes for approval of the Mayor and Council by an appropriate resolution.
(3) 
No persons shall park, stop or permit to stand any vehicle in whole or in part within any fire lane established in accordance with this chapter.
B. 
Temporary fire lanes. Nothing above shall preclude the Fire Marshal, Chief of Police or OEM Coordinator from establishing temporary "no parking" areas as required without any prior notice to the public for periods of less than 24 hours. Such locations shall be signed appropriately for the situation:
"EMERGENCY – NO PARKING"; "NO PARKING ANY TIME"; NO STOPPING OR STANDING" or "NO PARKING -- THIS SIDE." Each shall carry the same penalties as outlined in fire lane violations herein.
C. 
Penalties; towing. Any person violating this section shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and/or community service for up to 30 days. Each day that such violation continues may be construed for purposes of this action as a separate offense. In addition, in the event that any vehicle is parked in violation of a posted fire lane, and, in the opinion of the Police Department or Chief of the Bureau of Fire Prevention, the vehicle would substantially impair the ability of emergency services to respond in the event of an emergency, the vehicle may be towed at the owner's expense.