[HISTORY: Derived from Chapter 12 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 27.
[Amended 5-28-2002 by Ord. No. 02-13]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Garwood.
The local enforcing agency shall be the Garwood Fire Department through its Bureau of Fire Prevention, which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the "local enforcing agency."
A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Borough of Garwood other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
A. 
The Bureau of Fire Prevention established by § 83-2 shall be under the direct supervision and control of a New Jersey State certified Fire Official who shall report to the Chief of the Fire Department.
[Amended 12-8-2022 by Ord. No. 22-18]
B. 
The Bureau of Fire Prevention shall have at least one paid inspector.
A. 
Appointment and qualifications of the Fire Official. The Fire Official shall be certified by the state and appointed in accordance with N.J.S.A. 40A:60-1 et seq., upon the recommendation or recommendations of the Chief of the Fire Department.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed in accordance with N.J.S.A. 40A:60-1 et seq., upon the recommendation or recommendations of the Fire Official. All life-hazard use inspectors shall be certified by the state.
C. 
Legal counsel. The Borough Attorney shall provide legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official shall serve for a minimum term of one year, commencing January 1., and shall hold office until their qualified successor is appointed and approved by resolution of the Mayor and Council. Any vacancy shall be filled for the unexpired term.
[Amended 12-8-2022 by Ord. No. 22-18]
E. 
Removal from office. The Fire Official, inspectors and other employees of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by the same.
[Amended 3-23-2010 by Ord. No. 10-03; 12-8-2022 by Ord. No. 22-18]
A. 
The Bureau of Fire Prevention established by § 83-2 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.
B. 
The Bureau of Fire Prevention shall carry out periodic inspections of non-life-hazard use businesses as required by the Uniform Fire Code. Fees for these inspections shall be as set forth in this chapter.
C. 
In the event a periodic inspection is not passed for the reason of noncompliance of requirements, or missed appointment, the Fire Official may reassess the fee set forth in this chapter for each required reinspection.
[Amended 6-24-2008 by Ord. No. 08-13; 2-23-2016 by Ord. No. 16-01; 12-8-2022 by Ord. No. 22-18]
Fee
A.
Assembly A-1
Eating establishment under 50
$60
A-2
Take-out food service (no seating)
$80
A-3
Church or synagogue
$0
A-4
Recreation centers, multipurpose rooms, etc., greater than 50
$50
A-5
Court rooms, libraries, fraternal organizations, condominium centers fewer than 50
$50
A-6
Senior citizen centers fewer than 50
$50
B.
Business/Professional.
B-1
Business/professional use less than 1,000 square feet
$40
B-2
Business/professional use between 1,000 and 5,000 square feet
$70
B-3
Business/professional use between 5,001 and 10,000 square feet
$100
B-4
Business/professional use exceeding 10,000 square feet
$250
C.
Retail (mercantile).
M-1
Less than 1,000 square feet (per business)
$40
M-2
Between 1,001 and 5,000 square feet (per business)
$80
M-3
Between 5,001 and 10,000 square feet (per business)
$100
M-4
Between 10,000 and 12,000 square feet
$200
M with the exception of hardware store 3,000 square feet, retail stores over 12,000 square feet are life hazard uses
D.
Manufacturing (factory).
F-1
Less than 5,000 square feet
$40
F-2
More than 5,000 square feet less than 10,000 square feet per floor
$80
F-3
More than 10,000 square feet
$100
F-4
From 10,000 square feet to 12,000 square feet
$200
E.
Storage S-1 (moderate hazard S-1, low hazard S-2).
S-1
1 and 2 story less than 5,000 square feet per floor
$40
S-2
1 and 2 story more than 5,000 square feet less than 10,000 square feet per floor
$75
S-3
1 and 2 story more than 10,000 square feet
$100
S-4
3 to 5 story less than 5,000 square feet per floor
$120
S-5
3 to 5 story more than 5,000 square feet less than 10,000 square feet, per floor
$135
S-6
3 to 5 story over 10,000 square feet, per floor
$200
S exception life hazard uses
F.
Residential (LEA listed with multifamily BHI) not listed as life hazard. Fee is for each building.
R-1
1 to 6 units
$30
R-2
7 to 12 units
$60
R-3
13 to 20 units
$100
R-4
21 to 50 units
$150
R-5
For each additional unit
$3
No person shall open, use, or turn on or assist in the use, opening or turning on of any fire hydrant without the permission of the Fire Chief of the Borough of Garwood.
This article shall not apply to the use of any fire hydrant by a fire company or Fire Department rendering public fire service, authorized employees of the Borough of Garwood, or authorized employees of the Elizabethtown Water Company.
No person shall damage, injure or deface, or assist in the damaging, injuring or defacing of any fire hydrant.
[Amended 12-10-2002 by Ord. No. 02-28]
Any person who violates the provisions of this article shall be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.