[HISTORY: Adopted by the Town Council of the Town of Newton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1970 as Ch. 13 of the Revised General Ordinances]
A.
Adoption by reference. There is hereby adopted for the purpose of
providing for fire protection and prevention and prescribing regulations
governing conditions hazardous to life and property from fire those
certain codes known as the "New Jersey Uniform Fire Code" and the
"Fire Prevention Code," which are hereby adopted and incorporated
as fully as if set out at length herein, and the provisions thereof
shall be controlling within the corporate limits of the Town. Pursuant
to P.L. 1983, c. 383,[1] and N.J.S.A. 40:49-5.1 et seq., the aforesaid codes, which
are printed in book form, are adopted by reference thereto, and a
copy of the printed codes so plainly marked as to indicate deletions,
modifications, changes and amendments thereto, as hereinafter shown,
are annexed to this chapter and shall be a part thereof as fully as
though set forth at length herein.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
B.
Public record. Ten copies of the Uniform Fire Code have been placed
on file in the office of the Town Clerk and shall remain on file there
for the examination of the public according to law.
C.
Amendments to the Fire Prevention Code. The aforesaid code is amended
and changed in the following respects:
(1)
Whenever the word "municipality" is used in the code, it shall mean
the Town of Newton.
(2)
Whenever the words "corporation counsel" are used in the code, they
shall mean the Town Attorney.
(3)
Whenever the term "chief of the bureau of fire prevention" is used
in the Fire Prevention Code, it shall mean the Chief Inspector of
the Fire Prevention Bureau.
D.
Permit fees. Whenever a storage or use permit is required by N.J.A.C. 5:70-2.7, application shall be made by the applicant upon blank forms to be furnished by the Fire Prevention Bureau. Such forms may be obtained from the construction department secretary and shall be fully completed and signed by the applicant and filed with the construction department secretary together with a fee as provided for in § 100-18A. No storage or use permit shall be issued until the application has been approved by the Fire Prevention Bureau.
E.
Duties. 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 Town
of Newton, 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.
F.
Enforcement.
(1)
The Fire Prevention Code and the Uniform Fire Safety Act shall be
locally enforced by the Town of Newton Fire Prevention Bureau, hereby
established, under the general supervision of the Fire Prevention
Bureau chief.
(2)
The chief executive officer of the Fire Prevention Bureau shall be
a chief inspector appointed annually by the Town Manager.
(3)
There shall also be appointed such number of inspectors of said Fire
Prevention Bureau as may be recommended by the Town Manager.
(4)
Inspectors and other employees of the enforcing agency shall be subject
to removal by the Newton appointing authority for cause. 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.
(5)
A report of the Fire Prevention Bureau shall be made annually and
transmitted to the Town Manager. It shall contain all the proceedings
under this code with such statistics as the chief of the Fire Prevention
Bureau may wish to include.
(6)
The Chief of the Fire Department may also recommend any amendments
to the code which in his judgment shall be desirable.
(7)
In
the event the Town of Newton enters into an interlocal agreement for
enforcement of the Fire Prevention Code and/or the Fire Safety Act,
said enforcement services may be provided by another municipality,
county or state agency as set forth in such interlocal agreement.
[Added 5-23-2011 by Ord.
No. 2011-9]
G.
Life hazard uses. The local enforcing agency, the Newton Bureau 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 Community Affairs.
A.
Whenever the Bureau of Fire Prevention shall disapprove an application
or refuse to grant the permit applied for, the applicant for the handling,
storage or use of hazardous substances, materials or devices, the
applicant may appeal from the decision of the Bureau of Fire Prevention
in accordance with the appeal procedures within the Uniform Fire Code.
B.
In addition, any person aggrieved by any order of the local enforcement
agency (or agencies) shall have the right to appeal to the construction
board of appeals of the County of Sussex, pursuant to sections 15b
and 17c of the Uniform Fire Safety Act.[1]
[1]
Editor's Note: See N.J.S.A. 27D:206b and N.J.S.A. 27D:208c,
respectively.
The districts in which storage of explosives and blasting agents,
storage of flammable liquids in outside aboveground tanks, and bulk
storage of liquefied petroleum gases is to be restricted are as follows:
A.
The limits referred to in Section 12.5b of the AIA code hereby adopted
in which storage of explosives and blasting agents is prohibited,
the limits referred to in Section 16.22a of the AIA code hereby adopted
in which storage of Class I liquids in outside aboveground tanks is
prohibited, and the limits referred to in Section 16.51 of the AIA
code hereby adopted in which bulk storage of liquefied petroleum gas
is restricted, are hereby established as follows:
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Beginning at a point at the intersection of Water Street, Mill
Street and Spring Street in the Town of Newton, Sussex County, New
Jersey, and proceeding thence (1) along the center line of Water Street
in a northeasterly direction to a point at the intersection of the
street with East Clinton Street; thence (2) along the center line
of East Clinton Street in a southerly direction to the intersection
of the street with the center line of Townsend Street; thence (3)
along the center line of Townsend Street in a southwesterly direction
to the intersection of Townsend Street and Trinity Street; thence
(4) along the center line of Trinity Street in a southerly direction
to the intersection of Trinity Street and Union Place; thence (5)
along the center line of Union Place running in a southwesterly direction
to Spring Street, crossing Spring Street and proceeding along the
center line of Madison Street running in a southwesterly direction
to the point where Madison Street intersects Elm Street; thence (6)
along the center line of Elm Street running in a northwesterly direction
to the Main Street intersection; thence (7) along the center line
of Main Street running in a northeasterly direction to the intersection
of Main Street and Church Street; thence (8) along the center line
of Church Street running in a northwesterly direction to the intersection
of Church Street and High Street; thence (9) along the center line
of High Street running in a northeasterly direction to the point or
place of beginning.
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The above-described limits shall be extended to include an additional
area of 200 feet in width around the outside perimeter of the area
contained in the above description.
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The limits designated above shall be further extended to include
an area of 250 feet surrounding any church, school, hospital, nursing
home, auditorium, playground, public park, theater or other place
where the public congregates in large numbers.
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The Mayor, the Chief of the Fire Department and the Chief of
the Bureau of Fire Prevention shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard,
any new materials, processes or occupancies which shall require permits,
in addition to those now enumerated in the code. The Chief of the
Bureau of Fire Prevention shall post such list in a conspicuous place
in his office and distribute copies thereof to interested persons.
Such posting of changes will follow the adoption of an appropriate
ordinances establishing new permit requirements by the Town Council.
A.
Designation. The fire official may require and designate public or
private fire lanes as deemed necessary for the efficient and effective
use of fire apparatus.
B.
Obstructions. Designated fire lanes shall be maintained free of obstructions
and vehicles and marked in a manner prescribed by the fire official,
which shall coincide with the most recent edition of the "Manual of
Uniform Traffic Control Devices for Streets and Highways."
A person shall not willfully fail or refuse to comply with any
lawful order or direction of any fire official or interfere with the
compliance attempts of another individual.
It shall be unlawful to obscure from view, damage, deface, obscure
or restrict the access to any fire hydrant or Fire Department connection
for the pressurization of fire-suppression systems, including fire
hydrants, Fire Department connections, and standpipes that are located
on public or private streets and access lanes or on private property.
Except in compliance with the directions of a police officer
or posted traffic sign or signal, no operator of a vehicle shall stop
or stand or park a vehicle in any of the following places:
A.
Within 10 feet of a fire hydrant or standpipe.
