Whereas, the Uniform Fire Safety Act (P.L. 1983,
c. 383) was enacted for the purpose of establishing a system for
the enforcement of minimum fire safety standards throughout the State
of New Jersey; and the Uniform Fire Safety Act authorizes municipalities
to provide for local enforcement and to establish local enforcement
agencies for that purpose; and it is in the best interests of the
Township of Hardyston to have the Uniform Fire Safety Act enforced
locally.
[Amended 7-16-2002 by Ord. No. 2002-9; 11-9-2010 by Ord. No.
2010-22]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be
locally enforced in the Township of Hardyston and any and all municipalities
to which the Township has entered into a shared services agreement,
pursuant to N.J.S.A. 40A:65-1 et seq., to be the local enforcing agency.
[Amended 7-16-2002 by Ord. No. 2002-9; 11-9-2010 by Ord. No.
2010-22]
The Fire Prevention Bureau shall be the local
enforcing agency within the Township of Hardyston and any and all
municipalities to which the Township has entered into a shared services
agreement, pursuant to N.J.S.A. 40A:65-1 et seq., to be the local
enforcing agency.
[Amended 11-9-2010 by Ord. No. 2010-22]
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 Township, other than owner-occupied one-family and
two-family dwellings, and shall faithfully comply with the requirements
of the Uniform Fire Safety Act and the Uniform Fire Code. These duties
shall also apply to any and all municipalities to which the Township
has entered into a shared services agreement, pursuant to N.J.S.A.
40A:65-1 et seq., to be the local enforcing agency.
The local enforcing agency established by §
94-3 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.
The local enforcing agency shall be under the
direct supervision of the fire official.
Such inspectors and other employees as may be
necessary in the local enforcing agency shall be appointed by the
Township Manager upon recommendation of the fire official and the
Chief of the Fire Department.
Employees of the enforcing agency including
the fire official and inspectors shall be subject to removal according
to the procedures designated in Hardyston Township Personnel Policy
and Procedures Manual and any applicable state statute.
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 Sussex County Board of
Construction Appeals.
[Amended 7-16-2002 by Ord. No. 2002-9; 7-2-2007 by Ord. No.
2007-10; 12-7-2010 by Ord. No. 2010-14]
A. All inspection
and permit provisions in the Uniform Fire Code (N.J.A.C. 5:70) are
adopted by reference and incorporated, without change, as if set forth
at length herein.
B. Each nonresidential use that is not classified as a life-hazard use under N.J.A.C. 5:70-2.4 shall be registered with the Hardyston Township Fire Prevention Bureau. The owner of the premises and/or operator of the non-life-hazard use shall submit a completed registration form and pay the fee set forth in the Hardyston Township Code, Chapter
88, Fees, prior to commencing operation of the non-life-hazard use. A penalty shall accrue, in addition to the registration fee, if a non-life-hazard use is not so registered prior to commencing operation. The non-life-hazard use shall thereafter be registered annually during the month of January. A late registration penalty shall accrue on February 1, and a late fee of $250 shall be assessed for nonpayment of the annual registration fee.
[Amended 8-9-2017 by Ord. No. 2017-05]
C. All privately owned fire suppression tanks installed and operated pursuant to the provisions of the Hardyston Township Land Use Code, Chapter
147, §
147-8, shall be registered with the Hardyston Township Fire Prevention Bureau. The owner of the fire suppression system shall submit a completed registration form and pay the fee set forth in the Hardyston Township Code, Chapter
88, Fees. The fire suppression system shall thereafter be registered annually during the month of January. A late registration penalty shall accrue on February 1.
D. All fire
suppression tanks shall be inspected on a quarterly basis. Inspections
will be conducted to verify operability and water levels. Should the
tanks be found inoperable due to mechanical malfunctions or depleted
water levels, the owner shall be issued a violation letter, and all
repairs shall be addressed within the time frame specified. In the
event the owner does not achieve compliance within the time frame
specified in the violation letter, a fine of $50 per day shall accrue.
E. All privately
owned fire suppression tanks registered with the Hardyston Township
Fire Prevention Bureau shall be filled and maintained at the required
water level. In the event that the tank is utilized and the water
level is depleted, the owner/operator shall refill the tank within
72 hours of depletion. The Township Fire Prevention Bureau will immediately
notify the owner/operator of the use of the tank and requirement to
refill said tank within the seventy-two-hour time frame. If the owner/operator
does not achieve compliance, a warning will be issued. Subsequent
noncompliance shall accrue a fine of $50 per day.