Borough of Alpine, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Alpine as Ch. XII (Ord. No. 174) of the 1970 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 62.
Open burning — See Ch. 88.
Building construction — See Ch. 79.
Uniform construction codes — See Ch. 97.
Hazardous materials — See Ch. 131.
Zoning — See Ch. 220.

§ 119-1 Findings.

[Amended by Ord. No. 359]
A. 
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., was enacted for the purpose of establishing a system for the enforcement of minimum firesafety standards throughout the State of New Jersey.
B. 
The Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose.
C. 
It is in the best interest of the Borough of Alpine to have the Uniform Fire Safety Act enforced locally.
D. 
The Fire Department has agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Safety Code.

§ 119-2 Local enforcement.

[Amended by Ord. No. 359]
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Alpine.

§ 119-3 Enforcement agency.

[Amended by Ord. No. 359]
A. 
Designation. The local enforcing agency shall be the Bureau of Fire Prevention.
[Amended 11-17-2003 by Ord. No. 626]
B. 
Organization. The local enforcing agency shall be a part of the Alpine Fire Department and shall be under the direct supervision and control of the Fire Official.
C. 
Fire Official.
(1) 
Appointment of Fire Official. The Fire Official shall be appointed by the Mayor, with the advice and consent of Council, upon recommendation of the Fire Chief.
(2) 
Term of office. The Fire Official shall serve for a term of two years. Any vacancy shall be filled for the unexpired term.
(3) 
Monthly reports; recommendations. The Fire Official shall submit monthly reports to the Fire Chief and the Borough Administrator. The report shall contain all proceedings under the Uniform Fire Code, a breakdown of all fees collected thereunder, the number of inspections performed by each fire inspector and such statistics as the Fire Official may wish to include therein. The Fire Official shall also recommend any amendments to the Uniform Fire Code of this chapter which, in his/her judgment, shall be desirable.
D. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor, with the advice and consent of Council, upon recommendation of the Fire Chief.
E. 
Removal from office. The Fire Official, inspectors and any other employees of the enforcing agency shall be subject to removal by the Mayor and Council for inefficiency or official misconduct. The Fire Official, inspectors or employees to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
F. 
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 Borough of Alpine, other than owner-occupied and one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
G. 
Life hazard uses. 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 Community Affairs.

§ 119-4 Appeals.

[Amended by Ord. No. 359]
Any person aggrieved by an order of the local enforcement agency shall have the right of appeal to the Construction Board of Appeals of the County of Bergen.

§ 119-5 Fees.

[Amended by Ord. No. 359]
A. 
Permit fees. The permit fees shall be those fees established under the New Jersey State Uniform Fire Code, as amended from time to time.
[Amended by Ord. No. 428; 7-28-2004 by Ord. No. 640]
B. 
Status report; fees. Upon the request of the owner or purchaser of a building or structure over which the Fire Official has jurisdiction, and upon obtainment of a fee in the sum of $25, the Fire Official shall issue a certificate either enumerating the violations indicated by its records to be unabated and the penalties or fees indicated to be unpaid, or stating that its records indicate that no violations remain unabated and no penalties or fees remain unpaid.
C. 
Disposition of fees. All fees collected pursuant to this chapter shall be paid into the borough treasury and shall thereafter be appropriated to the Fire Department for enforcement of the Uniform Fire Safety Act.

§ 119-6 Limits on storage of flammable liquids and new bulk plants for flammable or combustible liquids.

A. 
The limits in which storage of flammable liquids in outside aboveground tanks is prohibited are established as the entire borough.
B. 
The limits in which new bulk plants for flammable or combustible liquids are prohibited are established as the entire borough.

§ 119-7 Limits on storage of explosives and blasting agents.

The limits in which storage of explosives and blasting agents is prohibited are established as the entire borough.

§ 119-8 Limits on storage of liquefied petroleum gases.

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

§ 119-9 Permits for new materials, processes or occupancies.

[Amended 11-17-2003 by Ord. No. 626]
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. Any determination that a new permit is required shall be submitted to the governing body. The permit for new materials, processes or occupancies shall not become effective until adoption of an enabling ordinance amending this chapter to include the new permit. Following adoption, the Chief of the Bureau of Fire Prevention shall post such lists in a conspicuous place in his/her office and distribute copies to interested persons.

§ 119-10 Smoke alarms.

[Amended by Ord. No. 469]
A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance and use of household fire warning equipment. The installation of battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive alarm device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.

§ 119-11 Change of occupancy.

[Amended by Ord. No. 469; 11-17-2003 by Ord. No. 626]
Before any one- or two-family residential structure is sold, leased or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide alarm compliance, evidencing compliance with this chapter and with the New Jersey Fire Safety Code, N.J.A.C. 5:70-4.19.

§ 119-12 Fees.

[Amended by Ord. No. 469; 2-25-1998 by Ord. No. 539; 7-28-2004 by Ord. No. 640]
The fees for each inspection and issuance of a certificate shall be those established by the New Jersey State Uniform Fire Code, as amended from time to time.

§ 119-13 Violations and penalties.

[Amended by Ord. No. 469]
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises as described in § 119-10 hereof when the premises do not comply with the requirements of § 119-10 hereof, or without complying with the inspection and certification requirements of § 119-11 hereof shall be subject to a fine of not more than $500 which may be collected and enforced by the Bureau of Fire Prevention summary proceedings pursuant to "the penalty enforcement law," N.J.S.A. 2A:58-1 et seq.[1]
[1]
Editor's Note: Former N.J.S.A. 2A:58-1 was repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.

§ 119-14 Disposition of fees and penalties.

[Amended by Ord. No. 469]
All fees and penalties collected pursuant to §§ 119-12 and 119-13 hereof shall be paid into the borough treasury and shall thereafter be appropriated to the Fire Department for the enforcement of the Uniform Fire Safety Act.