Town of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 5-13-2003 by Ord. No. 03-08. This ordinance also repealed former Art. I, General Provisions, adopted 8-14-1979 by Ord. No. 79-6, and former Art. II, Smoke Alarms, adopted 8-13-1991 by Ord. No. 91-7. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes - See Ch. 56.
Unfit dwellings — See Ch. 68.
Fees — See Ch. 73.
Fire zones — See Ch. 79.
Housing standards — See Ch. 84.
Land use — See Ch. 88.

§ 77-1 Local enforcement.

[Amended 3-25-2014 by Ord. No. 14-05]
Pursuant to Section 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 Town of Clinton.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 77-2 Agency designation.

The local enforcing agency shall be the Town of Clinton Department of Fire Prevention, which is hereby created. The Town of Clinton Department of Fire Prevention shall hereinafter be known as the "local enforcing agency."

§ 77-3 Duties.

A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Town of Clinton other than owner-occupied one- and two-family dwelling units used exclusively for dwelling purposes and buildings, structures, and premises owned by the federal government, interstate agencies, the state or the county.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
C. 
The local enforcing agency shall carry out inspections for compliance with the Uniform Fire Code on all non-life-hazard use buildings, structures or premises at least once every 24 months.
[Amended 3-25-2014 by Ord. No. 14-05]
D. 
The Fire Official shall report to the appropriate officials any construction code or zoning violations that are observed during inspections.[1]
[1]
Editor's Note: See Ch. 56, Uniform Construction Codes, and Ch. 88, Land Use, respectively.

§ 77-4 Organization.

A. 
There shall be a department known as the "Town of Clinton Department of Fire Prevention." The head of the department shall be the Fire Official who shall be appointed by the Mayor and Council and shall report to the Public Works Business Administrator.
B. 
The head of the Town of Clinton Department of Fire Prevention shall be certified by the State of New Jersey, Department of Community Affairs, Division of Fire Safety, as a Fire Official.
[Amended 3-25-2014 by Ord. No. 14-05]

§ 77-5 Appointments; qualifications; term of office; removal.

A. 
Appointment and qualifications of the Fire Official. There is hereby created the position of Fire Official. The Fire Official shall be certified by the State of New Jersey, Department of Community Affairs, Division of Fire Safety, and appointed by the Mayor and Council. Prior to the appointment of the Fire Official, the name of the candidate shall be submitted to the Clinton Fire Department for comment. The failure to submit the name shall not prevent the appointment of the Fire Official.
[Amended 3-25-2014 by Ord. No. 14-05]
B. 
Appointment and qualifications of fire inspectors and other employees. The Mayor and Council, upon recommendation of the Fire Official, may appoint inspectors and other employees that may be needed to assist in the daily operation of the local enforcing agency. All fire inspectors shall be certified by the State of New Jersey, Department of Community Affairs, Division of Fire Safety.
[Amended 3-25-2014 by Ord. No. 14-05]
C. 
Appointment of legal Counsel. The municipal attorney shall provide legal services to assist the Town of Clinton Department of Fire Prevention in enforcing the Uniform Fire Code.
[Amended 3-25-2014 by Ord. No. 14-05]
D. 
Term of office. The Fire Official shall serve for a term of one year. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. During their term of office, the Fire Official, inspectors and any other employees of the Town of Clinton Department of Fire Prevention shall be subject to removal by the Mayor and Council for good cause.

§ 77-6 Life-hazard uses.

The Town of Clinton Department of Fire Prevention 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.

§ 77-7 Non-life-hazard uses.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF INSPECTION
A certificate issued by the Fire Official in a format authorized by the State of New Jersey, Division of Fire Safety, whereby indicating that the listed structure, use or business has no existing Uniform Fire Code violations and no outstanding fees or penalties at the time of issuance. [See N.J.A.C. 5:71-3.7(b)11.]
[Added 3-25-2014 by Ord. No. 14-05]
LOCAL REGISTRATION
To file with the local enforcing agency on a form provided by same agency the necessary information to determine the owner, addresses, contact telephone numbers, use group, square footage and any other necessary information as determined by the Fire Official for each business that is a non-life-hazard use for the purposes of developing and maintaining a file in the local enforcing agency office.
NON-LIFE HAZARD USE
A structure that is not required to be registered with the State of New Jersey Division of Fire Safety as required by the Uniform Fire Code.
STRUCTURE
A building that can be occupied or inhabited by a person or persons whether for dwelling purposes or business purposes.
SQUARE FEET
The total area of all floors or stories of a structure for the purposes of determining the area of a structure for registration purposes.
TOWN
The Town of Clinton.
USE GROUP
A designation of the intended or actual use of a structure for the purposes of establishing a registration fee as defined in N.J.A.C. 5:70-1.5. A copy of N.J.A.C. 5:70-1.5 shall be maintained by the Town Clerk.
B. 
Registration: use of structure. Other than those uses where registration is required by the Uniform Fire Code, the following non-life-hazard uses shall complete a local registration with the local enforcing agency. These uses shall be inspected at least once every 24 months. The inspections shall be completed such that all registered non-life-hazard uses are inspected within a twenty-four-month period. Each registered non-life-hazard use shall and pay an annual registration fee as follows:
[Amended 3-25-2014 by Ord. No. 14-05]
Use Group Designation
Number of Dwelling Units
Area
(square feet)
Fee
A
------
Under 1,000
$35
------
1,001 to 5,000
$60
------
5,001 to 10,000
$85
------
Greater than 10,000
$155
B
------
Under 2,500
$35
------
2,501 to 5,000
$60
------
5,001 to 10,000
$85
------
10,001 to 15,000
$115
------
Greater than 15,000
$150
E
------
Under 2,000
$50
------
2,001 to 5,000
$85
------
5,001 to 10,000
$125
------
Greater than 10,000
$150
F
------
Under 1,500
$35
------
1,501 to 3,000
$55
------
3,001 to 5,000
$85
------
5,001 to 7,500
$115
------
7,501 to 10,000
$145
------
10,001 to 11,999
$175
H
------
Under 1,000
$55
------
1,001 to 2,500
$95
------
2,501 to 5,000
$155
------
Greater than 5,001
$215
I
------
Under 1,500
$35
------
1,501 to 3,000
$55
------
3,001 to 5,000
$85
------
Greater than 5,001
$115
M
------
Under 1,500
$50
------
1,501 to 2,500
$75
------
2,501 to 5,000
$110
------
5,001 to 7,500
$140
------
7,501 to 10,000
$160
------
10,001 to 11,999
$180
R
3 to 5
------
$40
6 to 20
------
$65
21 to 40
------
$90
41 to 60
------
$125
Greater than 60
------
$160
S
------
Under 1,500
$45
------
1,501 to 3,000
$65
------
3,001 to 5,000
$95
------
5,001 to 7,500
$125
------
7,501 to 10,000
$155
------
10,001 to 11,999
$185
C. 
If a structure falls into more than one of the above group descriptions, then the primary use of the structure shall determine the main use of the structure, as determined by the Fire Official.

§ 77-8 Fees; permits; variances; certificates; reports.

A. 
The fee for an application for a permit required by the Uniform Fire Code shall be as established by the Uniform Fire Code.
B. 
The fee for the issuance of a certificate of Fire Code status shall be $25 payable to the Town.
C. 
The application fee for a certificate of smoke detector and carbon monoxide compliance shall be as established by the Uniform Fire Code.
D. 
The fee for an application for a variance as indicated by the Uniform Fire Code, N.J.A.C. 5:70-2.14, shall be $50 payable to the Town.
E. 
A copy of a fire investigation report from the local enforcing agency shall be obtained through the Town Clerk in accordance with law.
F. 
To the extent permitted by law, there shall be no fee charged to the Town, the Clinton Fire Department and the Clinton First Aid Squad for any inspections made pursuant to the chapter.
G. 
To the extent permitted by law, the maximum registration fee charged to any non-life-hazard use not-for-profit corporation which has received tax exempt status pursuant to Sections 501(c) (3) and (4) of the Internal Revenue Code shall be $35. A copy of the tax exemption status shall be submitted to the Town upon request. Failure to submit the tax exemption status shall subject the structure, use or business to the full fee established within § 77-7B.
[Added 3-14-2006 by Ord. No. 06-04; amended 3-25-2014 by Ord. No. 14-05]
H. 
Each life hazard use and non-life-hazard use shall post the certificate of inspection issued by the Fire Official in a conspicuous location within the structure, use or business. It shall be a violation of this chapter for failure to post the certificate of inspection.
[Added 3-25-2014 by Ord. No. 14-05]

§ 77-9 Technical amendments.

[Amended 3-25-2014 by Ord. No. 14-05]
The technical standards set forth in N.J.A.C. 5:70-3.2(a), are hereby amended as follows:
A. 
Section 503.4 shall be amended as follows: Add "No motorized or nonmotorized vehicle shall be placed within a posted or designated fire lane or fire zone."
B. 
Section 508.5.4 shall be amended to add "No obstructions such as but not limited to trash, rubbish, refuse, motorized or non-motorized vehicles, vegetation or debris shall be placed or stored within 10 feet of any fire hydrant."
C. 
Section 508.5.5 shall be amended as follows: delete "3" and replace with "10."
D. 
Section 912.2.2 shall be amended as follows: Add "all fire department connections or" after "existing buildings," in the first sentence; add "Additionally, there shall be a white reflective background and all lettering shall be red in color with a minimum of a one-inch-wide stroke." after "indicate the location." in the second sentence; add "and shall be maintained visible and legible at all times." after "fire code official" in the last sentence.
E. 
Section 912.4 shall be amended as follows: Add "Additionally, all Fire Department connections shall have a sign mounted above or immediately next to the Fire Department connection. Such signs shall have the letters "FDC" at least six inches (152 mm) high with each letter having a minimum of a one-inch (25 mm) stroke. The letters shall be red in color on a white reflective background. All such signs shall be subject to the approval of the Fire Code Official and shall be maintained visible and legible at all times."

§ 77-10 Board of Appeals.

[Amended 3-25-2014 by Ord. No. 14-05]
Any person aggrieved by any action of the Town of Clinton Department of Fire Prevention shall have the right to appeal to the Hunterdon County Construction Board of Appeals in accordance with the procedures set forth in the Uniform Fire Safety Act.

§ 77-11 Enforcement, violations and penalties.

Enforcement violations and penalties shall be managed in conformity with the Uniform Fire Safety Act,[1] the Uniform Fire Code and all other laws of the State of New Jersey.
[1]
Editor's Note: See 57:27D-192 et seq.

§ 77-12 Repealer.

The following ordinances or portions thereof are hereby repealed: Ord. Nos. 79-6, 85-4 and 91-7.[1]
[1]
Editor's Note: Ordinance No. 79-6 formerly comprised Art. I, General Provisions of this chapter; Ord. No. 85-4 consisted of amendments to said article; and Ord. No. 91-7 comprised former Art. II, Smoke Alarms, of this chapter.

§ 77-13 When effective.

This ordinance shall be effective upon passage and publication as required by law.