[Derived from Section 9-2 of the 1972 Revised General Ordinances, as amended through 10-1-1998]
Whereas, the Uniform Fire Safety Act (P.L. 1983, c. 383)[2] 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.
[1]
Editor's Note: Original Section 9-1, Fire Prevention Code, which immediately preceded this section, was deleted 7-18-2000 by Ord. No. 2000-14.
[2]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[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.[1]
[1]
Editor's Note: Original Section 9-2.11, Technical Amendments, which immediately followed this section, was deleted 7-18-2000 by Ord. No. 2000-14.