There is hereby adopted by the Township Committee of the Township of Hanover in the County of Morris and State of New Jersey, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain codes known as the BOCA Basic Fire Prevention Code, 1996, and the New Jersey Uniform Fire Code, being the whole of such codes, save and except such portions as are hereinafter deleted, modified or amended, of which codes not less than three copies have been and are now filed in the office of the Township Clerk of the Township of Hanover and the office of the Construction Official/Building Inspector, and the same is hereby adopted and incorporated fully, as if set out at length herein, and, from the date on which this chapter shall take effect, the provisions of said codes shall be controlling within the limits of the Township of Hanover.
As used in this chapter, the following terms shall have the meanings indicated:
CORPORATION COUNSEL
The Municipal Prosecutor for the Township of Hanover.
FIRE DISTRICT COUNSEL
The separate legal representatives for each fire district.
FIRE INSPECTOR
A person or persons designated by the appointing authority, the respective Boards of Fire Commissioners of the jurisdiction, Fire District No. 2 (Whippany District) and Fire District No. 3 (Cedar Knolls District).
FIRE OFFICIAL
A person certified by the Commissioner of the New Jersey Department of Community Affairs, and appointed or designated to direct the enforcement of the New Jersey Uniform Fire Code by the appointing authority of the local enforcing agency jurisdiction, that is, Fire District No. 2 (Whippany District) and Fire District No. 3 (Cedar Knolls District)
INCIDENT COMMANDER
A person certified by the Commissioner of the New Jersey Department of Community Affairs to hold a supervisory position at an emergency scene.
LOCAL ENFORCING AGENCY
A municipal agency, fire department, fire district or county fire marshal authorized by municipal ordinance to enforce the act within a specific local jurisdiction or, where such authorization has not been granted by local ordinance, it means the Department of Community Affairs. "Local enforcing agency" shall also mean and include a county fire marshal authorized by ordinance or resolution of the Board of Chosen Freeholders to enforce the act in county facilities. With regard to enforcement of the act in premises owned or maintained by the State of New Jersey or any of its boards, commissions, agencies or authorities, "local enforcing agency" shall mean the Division.
MUNICIPALITY
The Township of Hanover.
A. 
A Bureau of Fire Prevention for the Township of Hanover is hereby created and established. The purpose and function of said Bureau shall be the enforcement of this chapter. In addition, this Bureau is authorized to create, enter into and administer certain contracts and agreements which will promote the safety and efficiency of providing emergency response including but not limited to fire suppression, fire inspection, emergency medical response and general disaster response.
[Amended 12-9-2010 by Ord. No. 31-10]
B. 
The Bureau of Fire Prevention shall be composed of the Fire Commissioners of Fire District No. 2 in Whippany and Fire District No. 3 in Cedar Knolls. One of the members of the Bureau of Fire Prevention shall serve as Chairman. The Chairman shall serve for a term of one year and shall be selected in the following manner: The Chairman of the Board of Fire Commissioners of one fire district shall appoint one Commissioner as Chairman of the Fire Prevention Bureau, and, at the end of the Chairman's term of one year, the Chairman of the Board of Fire Commissioners of the other district shall appoint one of the Commissioners as Chairman of the Bureau of Fire Prevention.
C. 
The enforcement officer, for the purposes of this chapter, shall be the Fire Official and fire inspectors whom the appointing authority, the respective Boards of Fire Commissioners of the jurisdiction, Fire District No. 2 (Whippany District) and Fire District No. 3 (Cedar Knolls District), shall appoint to assist in connection with the enforcement of this chapter.
D. 
The Fire Official may be paid by the respective Boards of Fire Commissioners.
E. 
Where applicable, the Fire Official shall be subordinate to the Fire Chief duly appointed by the Board of Fire Commissioners.
F. 
Each fire district shall specifically appoint legal counsel to assist and represent the local enforcing agency in all matters related to this chapter.
There is hereby adopted by the Township Committee of the Township of Hanover the fire control measures and regulations as herein set forth for the purposes of controlling conditions which could impede or interfere with the proper functioning of fire-suppression forces.
A. 
The Fire Chief or recognized incident commander, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of his/her duty.
B. 
The Fire Chief or recognized incident commander and/or his/her designee may prohibit any person, vehicle or object, except police or other authorized Township officials, from approaching the scene, and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Chief or recognized incident commander and/or his/her designee may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Chief or recognized incident commander.
C. 
The Fire Chief or recognized incident commander's authority and jurisdiction at any location under this section shall cease when the fire is declared extinguished and fire command has been terminated. Thereafter, the Fire Chief or recognized incident commander shall have concurrent authority with the Police Department until the investigation of the fire is completed.
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation.
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or recognized incident commander or interfere with the compliance attempts of another individual.
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department, when laid down on any street, alleyway, private drive or any other vehicular roadway, without the consent of the Fire Chief or recognized incident commander in command of said operation.
Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.
It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet to any fire apparatus traveling in response to a fire alarm, or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.
A person shall not, without proper authorization from the Fire Chief or recognized incident commander in charge of said fire district emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any fire district emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on, or a part of, any fire district emergency vehicle.
It shall be unlawful for any person to damage or deface or attempt to conspire to damage or deface any fire district emergency vehicle at any time or to injure or attempt to injure or conspire to injure fire district personnel while performing departmental duties.
A. 
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property.
B. 
No person owning or occupying premises in front of which a fire hydrant is located shall permit hedges, shrubbery and the like to grow or deposit snow or ice against any fire hydrant or so near it as to interfere with ready access to it for water supply or ready recognition of it.
C. 
If, upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Official shall request the Department of Public Works, Buildings and Grounds and Park Maintenance, in writing, to remove the same, and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
[Amended 4-8-2010 by Ord. No. 12-10]
A. 
A person shall not use or operate any fire hydrant intended for the use of the Fire Department for fire-suppression purposes unless such person first secures a permit for such use from the Southeast Morris County Municipal Utilities Authority (SMCMUA). This provision shall not apply to the use of such hydrants by a person employed by and/or such persons authorized to make such use by the SMCMUA. The SMCMUA shall notify the fire district of the issuance of any permits.
B. 
The SMCMUA shall not deny the Township or its contractors, or the fire districts, the right to utilize the hydrants, at no charge, but the Township or its contractors shall abide by the rules and regulations established by the SMCMUA for their use.
A. 
The Fire Chief and/or Fire Official shall recommend to the Planning Board, during a site plan review, and the Fire Commissioners of the fire district, the location or relocation of new or existing fire hydrants and the replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern.
B. 
The Fire Chief and/or Fire Official may recommend to the SMCMUA the location or relocation of new or existing fire hydrants and the replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern.
C. 
A fire hydrant shall not be placed into or removed from service until approved by the Fire Chief and/or Fire Official.
A. 
Any property or structure deemed appropriate by the fire district, which requires quantities of water beyond the capabilities of the public water distribution system, shall provide properly placed fire hydrants installed in accordance with the requirements of the National Fire Protection Association standards in effect at the time of installation. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Chief and/or the Fire Official and shall be connected to a water system in accordance with accepted engineering practices. The Fire Chief and/or the Fire Official shall designate and approve the number and location of fire hydrants.
B. 
The Fire Chief and/or the Fire Official may require the installation of sufficient fire hose and equipment, housed in accordance with the National Fire Protection Association standards in effect at the time of installation, and may require the establishment of a trained fire brigade when the hazard involved requires such measures.
C. 
Private hydrants shall not be placed into or removed from service unless approved by the Fire Chief and/or Fire Official. All private fire hydrants shall be maintained and inspected in accordance with the requirements of the National Fire Protection Association.
D. 
Private hydrants shall be kept fully accessible for fire district use at all times. An owner of a private fire hydrant shall have 24 hours from the end of a snowstorm to clear the hydrant of snow and ice.
No person shall obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code, except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs or when permitted by the Fire Official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Official.
A. 
Any person, firm, corporation, partnership or other entity violating any provisions of this article or failing to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or who shall fail to comply with such an order as affirmed or modified by the Township Committee, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be subject to the penalty provisions as stated in N.J.A.C. 5:70-2.12 et al. Each and every day a violation occurs shall be deemed a separate and distinct offense. The respective fire district shall receive all moneys to the fine imposed, except for court costs.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.