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Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Kingwood 9-18-1981 as Ord. No. 4-10-81[1]. Amendments noted where applicable.]
Fire Department — See Ch. 19.
Outdoor burning — See Ch. 65.
Uniform construction codes — See Ch. 71.
Fire control — See Ch. 77.
Fire insurance claims — See Ch. 78.
Editor's Note: This ordinance also provided for the repeal of former Ch. 76, Fire Prevention, adopted 2-20-1976 as Ord. No. 3-3-76, as amended.
There is hereby adopted, for the purposes of providing for fire protection and prevention and for prescribing regulations governing conditions hazardous to life and property from fire, a certain code known as the "BOCA Basic Fire Prevention Code, fifth edition, 1981," as published by the Building Officials and Code Administrators International, Inc., except such portions as are hereinafter deleted, modified, changed or amended, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the township.
Pursuant to N.J.S.A. 40:49-5.1 et seq., the aforesaid code, which is printed in book form, is adopted by reference thereto, and a copy of the printed code, marked to indicate plainly what portions are not to be adopted, is annexed to this chapter; and, further, three copies of the code, similarly marked, have been placed on file in the office of the Municipal Clerk and will remain on file there for the use and examination of the public until final action is taken on this chapter.
The Fire Prevention Code shall be enforced by the Fire Marshal of the Township of Kingwood.
The Fire Marshal shall be appointed by the Township Committee of the Township of Kingwood for a term of one year at its annual reorganization meeting. Irrespective of the date of appointment, the Fire Marshal's term shall expire on December 31 of the year of appointment; otherwise, his appointment shall continue during good behavior and satisfactory service.
The Fire Marshal may detail such members of the Kingwood Township Volunteer Fire Company as inspectors as he/she shall from time to time deem necessary. The Fire Marshal shall recommend to the Township Committee of the Township of Kingwood the employment of technical inspectors, if necessary, to meet a particular need for special assistance.
The Fire Marshal shall make an annual report to the Township Committee. The report shall contain all proceedings and actions under the code and shall include such statistics of the annual activities of the Fire Marshal as the Fire Marshal may wish to include or as may be required by the Township Committee. Annually, the Fire Marshal shall also recommend any amendments to the code which, in his judgment, he/she shall deem desirable.
The Fire Marshal shall have all the powers and duties as set forth in the code adopted in § 76-1A.
Whenever the Fire Marshal shall disapprove an application or refuse to grant a permit applied for or whenever it is contended that the Fire Marshal's application or interpretation of the intent and meaning of the code is in error, the applicant may apply from the decision of the Fire Marshal to the Township Committee of the Township of Kingwood within 30 days from the date of the decision appealed. The fact of appeal shall not stay the validity of the Fire Marshal's order, and the appellant shall be obligated to comply with the order promptly unless temporary relief from the operation of the order pending appeal is granted by the Fire Marshal, the Township Committee or a court of competent jurisdiction.
Any person, firm or corporation who shall violate any provisions of the code hereby adopted or who shall fail to comply with it or who shall violate any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted or approved thereunder or any certificate or permit issued thereunder shall be liable separately for each and every violation and noncompliance respectively for a fine of not more than $500 or imprisonment in the county jail for a term not exceeding 90 days or both. Each and every day that a violation continues shall constitute a separate offense, and it shall not be necessary for the enforcing officer to serve additional notice.
The penalty provisions provided in Subsection A or any action brought for enforcement of a penalty by way of municipal court complaint shall not prevent the enforced removal of the prohibited conditions or violations by appropriate civil action.
Nothing in this chapter or in the Fire Prevention Code hereby adopted shall be construed to effect any suit or proceeding pending in any court or rights acquired or liability incurred or any cause of action acquired or existing under the predecessor ordinances hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter; nor shall any owner or operator of premises which did not comply with the previous Fire Prevention Code hereby repealed be permitted to avoid bringing any building or structure into compliance with the Fire Prevention Code existing at the time of the erection of the structure or any provision of the Fire Prevention Code hereby adopted which is applicable to the structure.