Borough of Mountain Lakes, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Volunteer Fire Department — See Ch. 26, Art. III.
Alarms — See Ch. 67.
Building construction — See Ch. 88.
Unsafe buildings — See Ch. 95.
Explosives — See Ch. 106.
Hazardous materials — See Ch. 128.
Property maintenance — See Ch. 182.
[Adopted 6-23-1980 as Sec. 11-4 of the 1980 Code]

§ 120-1 Storage of flammable liquids in outside, aboveground tanks.

The limits in which storage of flammable liquids in outside, aboveground tanks is prohibited are hereby established as follows:
The storage of Class I flammable liquids in aboveground tanks outside of buildings is prohibited within the limits of the Borough, except that existing storage facilities of such liquids in aboveground tanks outside of buildings may continue in operation but may not be expanded without the prior written approval of the Borough Council, upon the recommendation of the Chief of the Bureau of Fire Prevention, and only after it finds as a fact that such expansion shall not be in derogation of the spirit of the fire prevention code and that the public safety is secured.

§ 120-2 Bulk plants for flammable liquids.

The limits in which construction of any bulk plants for flammable liquids is prohibited are hereby established as the entire limits of the Borough.

§ 120-3 Bulk storage of liquefied petroleum.

The limits in which bulk storage of liquefied petroleum is restricted are hereby established as the entire limits of the Borough.

§ 120-4 Violations and penalties.

A. 
Any person who shall violate or fail to comply with any of the provisions of this article, or who shall fail to comply with any order issued thereunder, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Bureau of Fire Prevention or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, upon conviction thereof before the Municipal Judge authorized to hear and determine the matter, be subject to a fine not exceeding $200 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Judge.
B. 
In default of any fine imposed hereunder, any person convicted hereunder may, in the discretion of the Judge, be imprisoned in the county jail for a term not exceeding 90 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Adopted by Ord. No. 8-85]

§ 120-5 Local enforcement.

[Amended 2-23-2004 by Ord. No. 01-04]
Pursuant to N.J.S.A. 52:27D-202, Section 11, of the Uniform Fire Safety Act, L.1983, c. 383, the Uniform Fire Code shall be locally enforced in the Borough of Mountain Lakes.

§ 120-6 Designation of local enforcing agency.

[Amended 2-23-2004 by Ord. No. 01-04]
The local enforcing agency shall be the Bureau of Fire Prevention in the Office of the Borough Manager.

§ 120-7 Supervision of agency.

[Amended 2-23-2004 by Ord. No. 01-04]
The local enforcing agency established by § 120-6 shall be under the direct supervision and control of the Fire Official.

§ 120-8 Fire Official, inspectors and employees.

[Amended 2-23-2004 by Ord. No. 01-04]
A. 
Fire Official. The Fire Official shall be appointed by the Borough Manager.
B. 
Term of office. The Fire Official term shall be for three years.
C. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Fire Official.
D. 
Removal from office. The Fire Official, inspectors and other employees of the local enforcing agency shall be subject to removal by the Borough Manager for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded the rights and privileges according to the Borough Polices and Procedures Manual.

§ 120-9 Duties of agency.

[Amended 2-23-2004 by Ord. No. 01-04]
A. 
Enforcement of code. 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 Borough of Mountain Lakes, 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.
B. 
Life hazard uses. The local enforcing agency shall carry out the annual inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
C. 
Non-life hazard uses. The local enforcing agency shall provide for the registration and the periodic inspections of non-life hazard uses subject to the Uniform Fire Code.

§ 120-10 Appeals.

Pursuant to N.J.S.A. 52:27D-206 and 208 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 Construction Board of Appeals of Morris County.

§ 120-11 Additional required inspections and fees.

[Amended 2-23-2004 by Ord. No. 01-04]
In addition to the inspections and fees required pursuant to the Uniform Fire Safety Act and the regulations of the Department of Community Affairs, additional inspections and fees may be established by ordinance from time to time.

§ 120-12 Permit fees.

[Amended 2-23-2004 by Ord. No. 01-04]
The permit fees established by the Uniform Fire Code shall be as set forth in § 111-3K of this Code.

§ 120-13 Technical amendments to code.

The following amendments to the Uniform Fire Safety Code are hereby made:
A. 
Code Section F2803.3. Fuel oil tanks for supplying oil burner or heating equipment may not be located inside a dwelling. All fuel oil supply tanks with the capacity of more than 25 gallons must be located underground at a minimum of five feet from any wall, foundation of property line.
B. 
Code Section F3000.1. The bulk storage of liquefied petroleum gas in excess of 250 gallons of water capacity is prohibited within the limits of the Borough of Mountain Lakes.

§ 120-14 Ordinances repealed.

All ordinances or parts of ordinances in conflict with this chapter, including such provisions of Chapter 26, § 26-21, Fire prevention code, which deal with other than owner-occupied one- or two-family dwellings, are hereby repealed only to the extent of such conflict.