Pursuant to Section 11 of the Uniform Fire Safety
Act, the New Jersey Uniform Fire Code shall be enforced in the Borough
of Highland Park pursuant to N.J.S.A. 52:27D-192 et seq. and N.J.A.C.
5:70-1 et seq.
[Amended 5-1-2007 by Ord. No. 07-1722]
As used in this article, the following terms
shall have the meaning indicated:
LOCAL ENFORCING AGENCY
Shall be the Bureau of Fire Prevention in the Code Enforcement
Department, which has been established in the Borough of Highland
Park and shall be comprised of the Fire Official, Fire Inspectors
and clerical help as necessary to carry out the responsibilities of
the agency.
The local enforcement agency shall enforce the
Uniform Fire Safety Act, codes and regulations adopted for all buildings,
structures and premises within the established boundaries of the Borough
of Highland Park 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 Commissioner of Community Affairs.
[Amended 5-1-2007 by Ord. No. 07-1722]
The local enforcing agency shall be under the
direct supervision and control of the Fire Official of the Borough
of Highland Park who reports to the Business Administrator. Fire Inspectors
shall report to the Fire Official.
[Amended 5-1-2007 by Ord. No. 07-1722]
In addition to those duties established under
the Uniform Fire Safety Act and the Uniform Fire Code, the Fire Official
shall:
A. Prepare and submit a monthly activity report to the
Business Administrator and Director of Code Enforcement.
B. Recommend to the Business Administrator such amendments
to the Fire Prevention Ordinance as deemed necessary to provide firesafety.
[Amended 5-1-2007 by Ord. No. 07-1722]
In addition to the inspection and fees required
pursuant to the Act and the regulations of the Department of Community
Affairs, the following additional inspections and fees shall be required
locally:
A. Inspections. The local enforcing agency shall inspect
all buildings, structures or premises other than one- and two-family
dwellings annually for the purpose of ascertaining and causing to
be corrected any conditions liable to cause fire, contribute to the
spread of fire, interfere with firefighter operations, endanger life
or any conditions constituting violations of the provisions or intent
of this Chapter or other fire or life safety requirements. Upon completion
of these inspections, a firesafety
certificate will be issued to the owner(s) and/or tenant(s) to show
compliance.
B. Registration fees. The owner(s) of all businesses, occupancies, buildings, structures or premises required to be inspected under Subsection
A shall apply annually with the local enforcing agency for an emergency registration upon forms provided by the agency. This requirement does not apply to life hazard uses registered pursuant to N.J.A.C. 5:70. It shall be a violation of this article for an owner to fail to return such forms within 30 days. Every landlord or owner hereby required to file a registration statement as described in the above subsection shall file an amended registration within seven days after any change in the foregoing information required to be included thereon. The payment shall be the responsibility of the occupant of the premises and is due and payable prior to the inspection. Registrations shall be accompanied by fees in accordance with the following:
[Amended 5-1-2007 by Ord. No. 1733]
(1) Class I, non-life hazard firesafety inspections for
buildings 1,000 square feet or less shall be $50.
(2) Class II, non-life hazard firesafety inspections for
buildings more than 1,000 square feet but less than 3,000 square feet
shall be $75.
(3) Class III, non-life hazard firesafety inspections
for buildings more than 3,000 square feet but less than 6,000 square
feet shall be $100.
(4) Class IV, non-life hazard firesafety inspections for
buildings more than 6,000 square feet but less than 12,000 square
feet shall be one $150.
(5) Class V, non-life hazard firesafety inspections for
buildings more than 12,000 square feet shall be $175.
(6) Class VI, eating and drinking establishments with
less than 50 occupants in which no alcoholic beverages are consumed
shall be $100.
C. Common areas. In multiple-family dwellings and businesses
with common areas accessible to the tenants and/or public shall be
inspected as often as necessary to enforce the Uniform Fire Code by
a certified Fire Inspector for a fee of $75 per building.
D. Waivers. The following users shall be exempt from
the local permit and registration fees; however, they shall be required
to properly apply for such permits and registrations and comply with
all other code requirements:
(1) The Highland Park Fire Department.
(2) The Highland Park First Aid Squad.
(3) Places of worship. This shall apply to uses where
the actual religious service takes place, uses for religious education
purposes or uses of an occasional nature.
(4) Contractors and construction firms, when the activity
is part of work performed under a valid permit issued by the Building
Department.
(5) Borough of Highland Park.
(6) Highland Park Board of Education.
E. Compensation. Activities requiring approval from the
Fire Official which require inspections by, or in the presence of,
one or more Fire Inspectors during times other than normally scheduled
work hours shall require reimbursement to the Borough of Highland
Park for such time at the rate of $100 per hour. Payment for such
activities shall be made prior to the issuance of any necessary permits
or approval by the Fire Official. Whenever the Fire Official authorizes
the assignment of a Fire Inspector to a quasi-public duty, the party
requesting the service shall pay the Borough for the service at the
rate of $100 per hour.
Pursuant to Sections 15 and 17 of the Uniform
Safety Act, any person aggrieved by any order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of the County of Middlesex.
[Amended 5-1-2007 by Ord. No. 07-1722]
All combustible refuse, rubbish and debris shall
be cleaned up and deposited in a noncombustible refuse container.
All refuse container(s) shall be located a minimum of 10 feet from
any building, structure and lot line or combustible material storage
location.