[Amended 10-2-2017 by Ord. No. 2-2017; 3-15-2021 by Ord. No. 2021-01]
Pursuant to the Uniform Fire Safety Act (P.L. 1983, c. 383,
N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code shall
be enforced locally within the Borough of Rocky Hill.
The local enforcing agency shall be the Rocky Hill Bureau of
Fire Prevention. The terms "local enforcing agency" and "Bureau of
Fire Prevention" may be used interchangeably in this article.
A.
There is hereby established a Fire Prevention Bureau, which shall
be headed by a Fire Official who shall be known as the "Fire Official"
or "Fire Marshal." Said Fire Official shall be appointed by the Mayor
and Borough Council.
B.
The local enforcing agency shall enforce the Uniform Fire Safety
Act and the codes and regulations adopted pursuant thereto in all
buildings, structures and premises within the Borough of Rocky Hill
other than owner-occupied one- and two-family dwellings.
C.
The local enforcing agency 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.
D.
The Fire Official shall investigate all fires occurring within the
jurisdiction to determine origin and cause.
The Fire Prevention Board shall consist of the Chief of the
Rocky Hill Volunteer Fire Company, one member of the Borough Council
to be appointed by the Mayor with the advice and consent of the Borough
Council and the Fire Official appointed as hereinafter set forth.
A.
Appointment of Fire Official. The routine administrative duties of
the enforcing agency, including responsibility for inspections, shall
be performed by the Fire Official, who shall be certified to the Department
of Community Affairs of the State of New Jersey. The titles "Fire
Official" and "Fire Marshal" shall be interchangeable.
B.
The Fire Official shall serve for a one-year term at the appointment
of the Borough Council unless a majority of the full authorized membership
of the Fire Prevention Board recommends his removal, in which case
the Borough Council shall give due consideration to that recommendation
and investigate all pertinent circumstances; and in the event the
Borough Council determines not to accept that recommendation, its
reasons for such decision shall be stated and transmitted to the Fire
Prevention Board.
C.
Inspectors and employees. Such inspectors and other employees as
may be necessary in the local enforcing agency shall be appointed
by the Fire Prevention Board upon the recommendation of the Fire Official
and approval of the Mayor and Borough Council.
D.
Removal from office. Inspectors and other employees of the enforcing
agency shall be subject to removal by the Mayor and Borough Council
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.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act
(N.J.S.A. 52:27D-206 and 52:27D-208, respectively), any person aggrieved
by any order of the local enforcing agency shall have the right to
appeal that order to the Somerset County Construction Board of Appeals.
The appeal shall be taken no later than the 15th day after the receipt
by the aggrieved person of the notice of the order, ruling or action
complained of.
A.
Annual registration fees. Collection of the annual registration and
firesafety permit fees established pursuant to the Uniform Fire Code
shall be performed by the local enforcing agency.
B.
Additional required inspections and fees.
(1)
In addition to the inspection fee requirements of the Uniform Fire
Code, the following fees shall be required in the Borough of Rocky
Hill:
(a)
The payment of the following fees shall be the responsibility
of the occupant of the premises:
|
Industrial and Commercial Uses not Classified as Life Hazard
Uses by the Uniform Fire Code
| |
|---|---|
|
Gross Floor Area
|
Fee
|
|
Under 999 square feet
|
$60
|
|
1,000 square feet to 2,999 square feet
|
$100
|
|
3,000 square feet to 5,999 square feet
|
$150
|
|
6,000 square feet to 11,999 square feet
|
$225
|
|
12,000 square feet to 23,999 square feet
|
$305
|
|
24,000 square feet or above
|
$375
|
(b)
Inspection and registration fees for multifamily dwellings.
The payment of these fees shall be the responsibility of the owner
of the premises. The fees will be based on number of dwelling units.
|
Multiple-Family Dwellings
| |
|---|---|
|
Number of Units
|
Fee
|
|
Three to five units
|
$75
|
|
Six to 25 units
|
$130
|
|
25 units and above
|
$375
|
(2)
The above-described fees shall be paid by the party as designated
above on or before the date specified in the notice to pay the fee
served upon said party by the Fire Official, which date shall be at
least 30 days from the date of the notice.
A.
Adoption of state penalties. All penalties as indicated in Chapters
18 and 18B of Title 5 of the New Jersey Administrative Code (Uniform
Fire Code) shall be adopted for the purpose of enforcing this chapter,
except those penalties imposed as hereinafter provided for violations
of this chapter not included within the Uniform Fire Code or authorized
by the Uniform Fire Safety Act.
B.
Violations and penalties. Each and every day that a violation of
the provisions of this chapter shall continue after notification thereof
by the Fire Prevention Bureau shall be deemed and considered a separate
and specific violation of this chapter. Such penalties as hereinabove
provided shall not be exclusive and, in addition thereto, any violation
may be abated by a civil action instituted in a court of competent
jurisdiction.
