Pursuant to Section 11 of the Uniform Fire Safety
Act, P.L. 1983, c. 383, the New Jersey Uniform Fire Code shall be
locally enforced in the Borough of Haledon.
The local enforcing agency shall be the Borough
of Haledon 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.
The local enforcing agency shall enforce the
Uniform Fire Safety Act and the codes and regulations adopted pursuant
thereto in buildings, structures and premises within the established
boundaries of the Borough of Haledon and shall faithfully comply with
the requirements of the Uniform Fire Safety Act and the Uniform Fire
Code.
The local enforcing agency shall carry out the
periodic inspections of life-hazard uses required by the Uniform Fire
Code on behalf of the Department of Community Affairs of the State
of New Jersey.
The local enforcing agency shall be under the
direct supervision and control of the Fire Official, who shall report
to the Chief of the Fire Department. The local enforcing agency shall
have at least one paid inspector.
The Fire Official shall be certified by the
state and appointed by the governing body. The Fire Official shall
be appointed for a one-year term and shall not be eligible for tenure
in the position.
Such inspectors and other employees as may be
necessary for the local enforcing agency to properly fulfill its responsibility
shall be assigned by the Chief of the Fire Division of the Department
of Public Safety.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act, any person aggrieved by any order of the local enforcing
agency shall have the right to appeal to the Construction Board of
Appeals for the County of Passaic.
The use of kerosene heaters, stoves and other
similar fuel-burning appliances is hereby prohibited in the Borough
of Haledon. A portable kerosene heater is a non-fuel-connected, self-contained,
self-supported heater with integral reservoir, designed to be carried
from one location to another. The sale of kerosene heaters in the
Borough of Haledon is hereby prohibited unless a conspicuous sign
is posted indicating "The use of portable kerosene heaters is prohibited
in the Borough of Haledon."
Notice of violation shall be served upon the
owner of record, provided that such notice shall be deemed to be properly
served upon such owner if a copy thereof is delivered to him personally
or, if not found, by leaving a copy thereof at his usual place of
abode with a person of suitable age and discretion who shall be informed
of the contents thereof or by sending a copy thereof by mail to his
last known address or, if the letter with the copy is returned showing
it has not been delivered to him, by posting a copy thereof in a conspicuous
place in or about the structure affected by the notice.
Whenever the Fire Official determines that there
has been or is a violation or that there are reasonable grounds to
believe that there has been or is a violation of any provision of
this article, he shall give notice of such violation or alleged violation
to the person or persons responsible therefor. Such notice shall:
B. Include a description of the real estate sufficient
for identification.
C. Specify the violation which exists and the remedial
action required.
D. Allow a reasonable time for performance of any act
it requires.
Any person, firm or corporation who or which
shall violate any provisions of this article shall, upon conviction
thereof, be subject to a fine not to exceed $2,000, imprisonment for
a term not to exceed 90 days or a period of community service for
no more than 90 days, or any combination thereof, at the discretion
of the court. Every day that a violation continues after due notice
has been served, in accordance with the terms and provisions hereof,
shall be deemed a separate offense.