Township of Independence, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Independence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 30.
Alarm systems — See Ch. 117.
Vehicles and traffic — See Ch. 149.
Outdoor wood furnaces — See Ch. 375.
[Adopted 8-12-1985 by Ord. No. 85-7 (Ch. 99, Art. I of the 1984 Code)]

§ 215-1 Local enforcement.

[Amended 10-15-1985 by Ord. No. 85-11]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced in the Township of Independence.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 215-2 Enforcing agency.

[Amended 10-15-1985 by Ord. No. 85-11; 12-10-2013 by Ord. No. 2013-08; 2-11-2014 by Ord, No. 2014-03]
The local enforcing agency for fire code services, including local amendments, fee schedules and non-life-hazard-use inspection schedules, shall be Washington Township, in the County of Morris, State of New Jersey, with which the Township of Independence enters into a shared services agreement pursuant to N.J.S.A. 40A:65-1 et seq. (the “Uniform Shared Services and Consolidation Act”).

§ 215-3 Duties of enforcing agency.

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 Independence Township, 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.

§ 215-4 Life hazard uses and non-life-hazard uses.

[Added 3-16-2017 by Ord. No. 2017-03[1]]
A. 
Life hazard uses. The local enforcing agency established by § 215-2 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 Community Affairs.
B. 
Non-life-hazard uses.
(1) 
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 House of worship not exclusively used for religious purposes
$50
A-4 Recreation centers, multipurpose, etc. (fewer than 50)
$75
A-5 Courtrooms, 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 (up to 1,000 square feet)
$42
B-2 One- and two-story (1,001 to 2,500 square feet)
$50
B-4 Three- to five-story
Less than 5,000 square feet
$100
5,001 to 10,000 square feet
$150
B-5 Three- to five-story (10,001 square feet or greater)
$190
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 123,000 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 § 215-4(2)B
R-2 3 to 6 units
See § 215-4(2)G
R-3 7 to 12 units
See § 215-4(2)G
R-4 13 to 20 units
See § 215-4(2)G
R-5 Over 20 units
See § 215- 4(2)G
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
(2) 
R-1 fees shall be as set forth in the Uniform Fire Code, N.J.A.C. 5:70-2.9(d).
(3) 
Uses not classified above that are subject to the Uniform Fire Code shall be classified as business uses.
(4) 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
(5) 
Vacant buildings which create a fire hazard shall be charged and inspected according to the previous use of the building.
(6) 
Township-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.
(7) 
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.
[1]
Editor's Note: This ordinance also repealed former § 215-4, Inspection of life hazard uses.

§ 215-5 Organization.

The local enforcing agency established by § 215-2 of this article shall be a part of the Independence Township Fire Department and shall be under the direct supervision and control of the Independence Township Committee.

§ 215-6 Appointments; term of office; removal.

A. 
Appointment of Fire Official. The local enforcing agency shall be under the direct supervision of a Fire Official who shall be appointed by the Township Committee.
B. 
Term of office. The Fire Official shall serve for a term of one year. Any vacancy shall be filled for the unexpired term.
C. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Township Committee.
D. 
Removal from office. Inspectors and other employees of the enforcing agency shall be subject to removal by the Township Committee 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.

§ 215-7 Appeals.

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

§ 215-8 Permit fees.

The permit fees established by the Uniform Fire Code shall be collected, as follows:
Type of Permit
Fees
Type 1
[Amended 4-8-2003 by Ord. No. 03-6]
$35
Type 2
$100
Type 3
$200
Type 4
$300
Type 5
$1,000[1]
[1]
Editor's Note: Former § 99-9, Technical amendments to code, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-10-1990 by Ord. No. 90-3 (Ch. 99, Art. II of the 1984 Code)]

§ 215-9 Designation.

The Independence Township Fire Official, with the approval of the Chief of the Fire Department and the Chief of Police of Independence Township, may designate fire lanes on private property to which the public is invited or which is devoted to public use, if it is necessary to provide safety for the public or to provide proper access for Fire Department operations in the event of an emergency.

§ 215-10 Notification.

Whenever a determination has been made for the fire lane designation pursuant to § 215-9 above, the Fire Official shall notify the owner of the property in writing, by registered or certified mail, return receipt requested, or by personal notification, by hand delivering such notice, specifically describing the area designated and the reason(s) for making the designation.

§ 215-11 Marking.

The marking of fire lanes shall be the responsibility of and at the expense of the property owner arid shall be accomplished within 30 days of the receipt of the notification.

§ 215-12 Obstruction prohibited.

It shall be a violation of this article for any person, for any reason, to park a motor vehicle in or otherwise to obstruct a fire lane.

§ 215-13 Enforcement.

It shall be the duty of the Independence Township Police Department to enforce this article.

§ 215-14 Violations and penalties. [1]

For violation of any provision of this article, the penalty, upon conviction, shall be a minimum fine of $100 and a maximum penalty of one or more of the following: a fine not exceeding $2,000, imprisonment not exceeding 90 days or a period of community service not exceeding 90 days. Except as otherwise provided, each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).