[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-26-1985 by Ord. No. 881[1]]
[1]
Editor's Note: This ordinance superseded former
Ch. 150, Fire Prevention, adopted 5-10-1983 by Ord. No. 822.
The New Jersey Uniform Fire Code shall be enforced
within the Borough of Emerson in accordance with P.L. 1983, c. 383,[1] by the Fire Department of the Borough of Emerson and in
accordance with the terms of this article and any amendments or supplements
thereto. The "Emerson Fire Department" means that department as created
by ordinance of the Borough of Emerson and as set forth in the Code
of the Borough of Emerson.[2] The Fire Department shall have jurisdiction to enforce
the Fire Code within the geographical limits of the Borough of Emerson.
The enforcement of the Fire Code shall be accomplished
by the Emerson Fire Department and the responsibility for the enforcement
shall be under the direct supervision and control of the Fire Official
as appointed by the Mayor and Council. Those members of the Department
who have been appointed as Fire Officials or inspectors by the Mayor
and Council shall carry out the duties and responsibilities of this
article. Other members of the Department shall only carry out the
duties and responsibilities of this article when requested by a Fire
Official and only when they have the proper certification or license
from the State of New Jersey Department of Community Affairs.
A.Â
Fire Official. The individual responsible for the
enforcement of the Uniform Fire Code shall be appointed by the Mayor
and Council of the Borough of Emerson, and he shall be appropriately
licensed in accordance with the requirements of the Department of
Community Affairs. The appointment shall be for a term of three years,
commencing on January 1 of the year of appointment, with the exception
that an appointment to an unexpired term shall commence at the time
of appointment and shall terminate on December 31 of the third year
of the unexpired term.
[Amended 12-18-2007 by Ord. No.
1338]
B.Â
Inspectors and other employees. Such inspectors and
other employees as may be necessary for the local enforcing agency
to carry out its responsibility shall be appointed by the Mayor and
Council of the Borough of Emerson. Inspectors appointed on or about
January 1, 2008, shall be appointed for the following terms: one for
three years; one for two years; and up to two for one year. Thereafter,
all inspectors shall be appointed for terms of three years, commencing
on January 1 of the year of appointment, with the exception that an
appointment to an unexpired term shall commence at the time of appointment
and shall terminate on December 31 of the third year of the unexpired
term.
[Amended 12-18-2007 by Ord. No.
1338]
D.Â
Removal from office. The inspectors and employees
responsible to carry out the enforcement of this article and Fire
Code and employed by the Borough of Emerson may be suspended or discharged
from employment for inefficiency and misconduct in office or other
just cause. Such inspectors and employees shall be afforded a hearing
in accordance with applicable statutes and this article before their
discharge from employment. The Fire Official appointed by the governing
body to carry out the enforcement of this article and the Uniform
Fire Code may be suspended for the performance of his duties by the
governing body. He shall be afforded a hearing subsequent to his suspension
and in accordance with the rules and regulations of the Department
of Community Affairs and statutes of the State of New Jersey and any
other law which may be applicable. During his suspension the governing
body shall make arrangements with a duly certified Fire Official to
carry out the terms and enforcement of the Fire Code in the Borough
of Emerson.
A.Â
Enforcement of Fire Code in the Borough of Emerson.
The local enforcement agency shall enforce the Uniform Fire Safety
Act[1] and the codes and regulations not inconsistent with the
legislative authority creating the Uniform Fire Code and all ordinances
adopted by the Borough of Emerson in connection with the fire prevention
in all buildings, structures and on all premises within the Borough
of Emerson other than owner-occupied one- and two-family dwellings.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
B.Â
Life-hazard uses. The local enforcement agency shall
carry out periodic inspections of life-hazard uses required by the
Uniform Fire Code.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] 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 Bergen, State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208.
In addition to the inspections and fees required
pursuant to the Act and regulations of the Department of Community
Affairs, the following additional inspection and fees shall be required
of the following premises and buildings in the Borough of Emerson:
A.Â
Annual inspection of all buildings and uses not requiring
state registration, other than owner-occupied one- and two-family
dwellings, except for complaints pertaining to fire hazards therein:
$65.
[Amended 5-19-1999 by Ord. No. 1107; 5-2-2006 by Ord. No. 1303]
[Amended 3-3-2020 by Ord. No. 1608-20; 9-15-2020 by Ord. No. 1618-20]
The permit fees shall be those established by
the Uniform Fire Code and ordinances of the Borough of Emerson.
B.Â
For any cooking with grease-laden vapors, a Type 1 permit is required;
fee is $54.
C.Â
Tent fees are $54, Type 1 permit.
D.Â
Any business that has a kitchen suppression system and not a life-hazard
use requires an inspection every six months of the suppression system.
The second inspection in the year will be $25 for the suppression
system.
F.Â
Smoke detector and carbon monoxide detector inspections are $45 if
more than 10 business days prior to the sale or rental. Four to 10
business days prior to the sale or rental: $90; less than four business
days: $161. If the inspection fails, a $45 reinspection fee is required.
G.Â
Registration for a carnival is $77.
H.Â
If a business does not pay their annual fee within 90 days of billing,
they will receive a $100 penalty fee on top of their annual fee.
All nonprofit corporations, including churches,
schools, fraternal organizations and other corporations which are
classified as nonprofit corporations under Title 15A of the New Jersey
statutes, shall not be required to pay to the Borough of Emerson any
of the permit fees set forth above. This exemption shall only extend
to permit fees and the activities of the nonprofit corporations shall
not be exempt from any other aspects of the Fire Code, including registration
and compliance.
[Amended 3-3-2020 by Ord. No. 1608-20]
Any individual who violates the terms of the
Fire Code may be subject to violations and penalties as per sections
of the Uniform Fire Code 5:70-2.12 through and including 5:70-2.13.