Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See § 3-14.
Uniform construction codes — See Ch. 110.
[Ch. XVIII of the Revised General Ordinances]

§ 136-1 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Wharton.

§ 136-2 Agency designation.

The local enforcing agency shall be the Wharton 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.

§ 136-3 Duties.

A. 
The local enforcement agency shall enforce the Uniform Fire Code in buildings, structures and premises within the established boundaries of the Borough of Wharton 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 of 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.

§ 136-4 Organization.

A. 
The Bureau of Fire Prevention established by § 136-2 of this article shall be under the supervision and control of a Fire Official, who shall report to the Chief of the Fire Department.
B. 
The Bureau of Fire Prevention shall have at least one paid inspector.

§ 136-5 Appointments; qualifications; term of office; removal.

A. 
Appointment and qualifications of the Fire Official. The Fire Official shall be certified by the state and appointed by the governing body from a list of three names submitted by the Chief of the Fire Department.
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. 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.
D. 
Term of office. The Fire Official shall serve for a term of a minimum of one year. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. The Fire Official, 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.

§ 136-6 Life-hazard uses.

The Bureau of Fire Prevention established in § 136-2 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 the New Jersey Department of Community Affairs.

§ 136-7 Non-life-hazard uses.

A. 
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 pay an annual fee.
(1) 
Assembly.
[Amended 2-8-2016 by Ord. No. O-01-16]
Use
Description
Fee
A-1
Eating establishment under 50
$35
A-2
Take-out food service (no seating)
$35
A-3
Church or synagogue
$35
A-4
Recreation centers, multipurpose rooms, etc., fewer than 50
$50
A-5
Courtrooms, libraries, fraternal organizations condominium centers, fewer than 100
$50
(2) 
Business/professional.
Description
Fee
B-1
Professional use, 1- and 2-story, less than 5,000 square feet per floor
$35
B-2
1- and 2-story, more than 5,000 square feet less than 10,000 square feet per floor
$50
B-3
1- and 2-story, more than 10,000 square feet
$75
B-4
3- to 5-story, less than 5,000 square feet per floor
$100
B-5
3- to 5-story, more than 5,000 square feet less than 10,000 square feet per floor
$150
B-6
3- to 5-story, over 10,000 square feet per floor
$200
(3) 
Retail (mercantile).
Use
Description
Fee
M-1
1- and 2-story, less than 5,000 square feet per floor
$125
M-2
1- and 2-story, more than 5,000 square feet less than 10,000 square feet
$150
M-3
1- and 2-story, more than 10,000 square feet per floor
$175
M-4
3- to 5-story, less than 5,000 square feet per floor
$200
M-5
3- to 5-story, more than 5,000 square feet less than 10,000 square feet
$225
M-6
3- to 5-story, over 10,000 square feet
$250
NOTE: M, with the exception of hardware store, 3,000 square feet, and retail store, over 12,000 square feet, are life-hazard uses.
(4) 
Manufacturing (factory).
Use
Description
Fee
F-1
1- and 2-story, less than 5,000 square feet per floor
$75
F-2
1- and 2-story, more than 5,000 square feet less than 10,000 square feet per floor
$100
F-3
1- and 2-story, more than 10,000 square feet
$150
F-4
3- to 5-story, less than 5,000 square feet per floor
$175
F-5
3- to 5-story, more than 5,000 square feet less than 10,000 square feet
$200
F-6
3- to 5-story, over 10,000 square feet
$250
(5) 
Storage S-1 (moderate hazard S-1, low hazard S-2).
Use
Description
Fee
S-1
1- and 2-story, less than 5,000 square feet per floor
$50
S-2
1- and 2-story, more than 5,000 square feet less than 10,000 square feet per floor
$100
S-3
1- and 2-story, more than 10,000 square feet
$150
S-4
3- to 5-story, less than 5,000 square feet per floor
$175
S-5
3- to 5-story, more than 5,000 square feet less than 10,000 square feet
$200
S-6
3- to 5-story, over 10,000 square feet
$250
NOTE: S exception life-hazard uses.
(6) 
Residential (LEA listed with multifamily BHI). Fee is for each building.
Use
Description
Fee
R-1
1 to 6 units
$25
R-2
7 to 12 units
$50
R-3
13 to 20 units
$75
R-4
21 to 50 units
$100
R-5
For each additional unit
$2

§ 136-8 Additional required inspections and fees.

In addition to the inspection and fees required pursuant to the act and the regulations of the Department of Community Affairs, all other building use groups, except owner-occupied one- and two-family dwellings, shall be inspected as necessary.