[Adopted 7-16-1985 by Ord. No. 5-85[1] (Ch. 67, Art. I, of the 1974 Code)]
[1]
Editor's Note: This ordinance also repealed former Art. I, Fire Prevention Code, adopted 12-22-1964 by Ord. No. 668, as amended.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Totowa.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcement agency shall be the Bureau of Fire Prevention in the Borough of Totowa Fire Department.
The local enforcement agency (or agencies) 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 Totowa, other than owner-operated one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcement agency established by § 186-2 of this article shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The local enforcement agency established by § 186-2 of this article shall be a part of the Borough of Totowa Fire Department and shall be under the direct supervision and control of the Borough of Totowa Fire Official.
A. 
The Borough of Totowa Bureau of Fire Prevention shall be under the supervision of a Fire Official, who shall be appointed by the Mayor and Council of the Borough of Totowa.
B. 
The Fire Board, which shall make recommendations to the Mayor and Council, is hereby created and shall consist of the Public Safety Committee of the governing body of the Borough of Totowa, the Fire Chief and the Fire Official. In the event that a member of the Public Safety Committee is absent, then the Mayor or other Councilman shall sit on the Fire Board.
C. 
Terms of office.
(1) 
The Fire Official shall serve for a term of one year. Any vacancy shall be filled for the unexpired term.
(2) 
The Fire Inspector shall serve for a term of one year.
D. 
The Fire Inspector and other employees as may be necessary in the local enforcement agency shall be appointed by the Mayor and Council upon the recommendation of the Borough of Totowa Fire Board.
E. 
The Fire Inspector and other employees of the enforcement agency shall be subject to removal by the Mayor and Council of the Borough of Totowa for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
Pursuant to Sections 15 and 17[1] of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency (or agencies) shall have the right to appeal to the Construction Board of Appeals of the County of Passaic.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
[Amended 2-16-1988 by Ord. No. 1-88; 4-14-1992 by Ord. No. 5-92]
A. 
In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, additional inspections and fees shall be required from time to time by amendment to this article.
B. 
The following additional inspections and fees, for those not covered under the Uniform Fire Code for life hazards, shall be established as follows:
(1) 
Occupancies up to 999 square feet shall be charged an annual fee of $20.
(2) 
Occupancies of 1,000 square feet to 4,999 square feet shall be charged an annual fee of $35.
(3) 
Occupancies of 5,000 square feet to 9,999 square feet shall be charged an annual fee of $75.
(4) 
Occupancies of 10,000 square feet to 14,999 square feet shall be charged an annual fee of $125.
(5) 
Occupancies of 15,000 square feet to 24,999 square feet shall be charged an annual fee of $250.
(6) 
Occupancies of 25,000 square feet or over shall be charged an annual fee of $300.
(7) 
Multiple-family dwellings of three families or more (Use Group R-2) shall be charged an annual fee of $75 per building. These inspections shall include all common areas of the structure.
[Amended 2-16-1988 by Ord. No. 1-88; 4-14-1992 by Ord. No. 5-92]
A. 
The permit fees established by the Uniform Fire Code shall be established to be as follows:
(1) 
Type 1: $35.
(2) 
Type 2: $138.
(3) 
Type 3: $276.
(4) 
Type 4: $414.
(5) 
Type 5: $1,380.
B. 
Permit fees.
(1) 
For tank removal, the permit fee shall be $50 per tank.
(2) 
For hot tar kettles, the permit fee shall be $35 per job.
(3) 
Drum, cylinder and box storage. For storage of flammable, combustible, hazardous material and unstable liquid, solid and gases, the permit fees shall be as follows:
(a) 
Fifty dollars for one to 10 drums, cylinders and boxes.
(b) 
One hundred fifty dollars for 11 to 24 drums, cylinders and boxes.
(c) 
Two hundred fifty dollars for 25 and more drums, cylinders and boxes.
(4) 
Tank storage. For storage of flammable, combustible and hazardous materials in liquid, gas or solid form, the annual permit fee shall be $100. This shall apply to commercial and industrial use only.
C. 
Payment of the fees shall be made to the Borough of Totowa within 30 days of notice. Failure to pay the required fee on time will result in assessed penalty equal to the amount of the unpaid fee.
A. 
Fire lanes on private property, devoted to public use.
(1) 
The Chief of the Fire Department is hereby authorized to establish fire lanes on private property, devoted to public use, including but not limited to shopping centers, bowling alleys, drive-in theaters, churches, swimming pools and similar uses involving parking of sufficient numbers of motor vehicles to make necessary such regulations for protection of persons and property in case of fire or other emergency.
(2) 
The fire lanes shall be established to ensure fire equipment and other emergency vehicles unobstructed means of ingress to and egress from such properties and the buildings, persons, vehicles, fire hydrants and standpipes thereon in case of fire or other emergency.
(3) 
The number, location, width, length and markings of such lanes shall be determined by the Chief of the Fire Department. Such determination shall be based upon the size, type and location of the building or buildings, the use to which the property is put, the number of persons using or occupying the premises, the existing means of ingress and egress, the total area of property, including the size of the parking lot or lots, and all other relevant factors.
(4) 
The Chief of the Fire Department shall notify the property owner in writing of the location and markings required to designate each fire lane, and within 30 days after the receipt of said notice, the property owner shall have complied with the directions contained therein with respect to the marking and identification of each designated fire lane. If the property owner fails to complete this work within the time prescribed, then the Chief of the Fire Department shall notify the appropriate Borough department, which shall do all the necessary work; and the cost thereof shall be added to the tax assessment of the property owner and collected in the manner of other tax assessments and in accordance with the New Jersey statutes as may be provided.
(5) 
After establishment of a designated fire lane, parking of motor vehicles or otherwise obstructing such fire lane shall be prohibited at all times; and any person who parks a motor vehicle therein or otherwise obstructs a designated fire lane shall be subject to a fine of not more than $50. In addition thereto, any motor vehicle parked on a designated fire lane may be towed away and stored at the owner's expense.
[Amended 10-27-1992 by Ord. No. 14-92]
(6) 
The Borough of Totowa Police Department shall have concurrent jurisdiction with the Bureau of Fire Prevention to enforce the provisions of this article.
(7) 
The Chief of the Fire Department shall have power to grant exceptions to any of the provisions of the Fire Prevention Code, upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such exceptions when granted or allowed and the decision of the Chief of the Fire Department shall be entered upon the records of the Department, and a signed copy shall be furnished to the applicant.[1]
[1]
Editor's Note: Original Subsection B, False fire alarms, as amended 2-16-1988 by Ord. No. 1-88, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Fire Inspection Bureau response for Fire Code enforcement.
[Added 2-16-1988 by Ord. No. 1-88]
(1) 
Response of the Fire Inspection Bureau to the fire alarm conditions shall apply to all buildings, structures and premises within the Borough of Totowa.
(2) 
Upon occurrence of a fire alarm in any of the afore-listed occupancies, there may be a response from Fire Inspection Bureau personnel. The following constitute legitimate reasons from the Fire Inspection Bureau:
(a) 
To enforce the Fire Code or Fire Ordinance and issue documentation, violations and notification as may be required by the municipality of Totowa to the State of New Jersey.
(b) 
To assist the Fire Chief or his duly authorized representative. This may be done with any knowledge acquired during previous fire inspections performed by the Fire Inspection Bureau personnel. This shall be the fire-staff-type assistance, not fire-command-type assistance.
(3) 
Fire hydrant use and approval.
(a) 
No person shall use or operate any fire hydrant intended for use of the Fire Department for suppression purposes unless such person first secures permission from the Fire Official and the Superintendent of the Water Company. Failure to obtain such permission shall be deemed unlawful.
(b) 
This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the Superintendent of the Water Company.
(c) 
A person who violates or causes to be violated the provisions of this section shall be liable to a penalty of not more than $50 for each violation.
(4) 
Public water supply.
(a) 
The Fire Official shall recommend to the Mayor and Council the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. This shall be done in conjunction with advice from the Water Superintendent.
(b) 
A fire hydrant shall not be placed into or removed from service until approved by the Fire Official and the Water Superintendent.