It has been determined that it is in the best interest of the residents, firefighters and the general public, that all business, multifamily dwellings of three or more dwelling units and non-owner-occupied one- and two-family dwelling units become subject to the provisions, where applicable, of the Uniform Fire Safety Act.
[HISTORY: Adopted by the Mayor and Council of the Borough of Prospect Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1976; amended in its entirety 3-23-1992 by Ord. No. 1992-5 (Ch. 45 of the 1974 Code)]
Pursuant to Section 11 of N.J.S.A. 52:27D-192 the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the Uniform Fire Safety Act shall be locally enforced in the Borough of Prospect Park. A local enforcement agency is hereby established and shall be the Bureau of Fire Prevention, hereafter referred to as the "Bureau."
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The Bureau established by § 194-2 of this article shall carry out periodic inspections of life-hazard uses required by the Code on behalf of the Commissioner of Community Affairs.
The Bureau established by § 194-2 of this article shall carry out periodic inspections of non-life-hazard uses subject to the Code and this article.
The Bureau shall enforce the Uniform Fire Safety Act, the Code, regulations adopted under it and this article in all buildings, structures and premises subject to the Code and this article within the established boundaries of the Borough of Prospect Park.
The Bureau established by this article shall be under the direct supervision and control of the Fire Official, who shall report to the Fire Chief. The Fire Official shall serve as the Chief of the Fire Prevention Bureau.
The Fire Official shall be a member of the Prospect Park Fire Department and shall be properly licensed and certified as a Fire Official by the State of New Jersey. He or she shall be appointed by the Mayor with consent of the Council upon recommendation, in writing, from the Chief of the Prospect Park Fire Department. The term of office shall be two years.
A.
The Bureau shall also consist of inspectors and other employees as may be necessary. All inspectors shall be licensed and certified by the State of New Jersey. Inspectors shall be appointed from within the Prospect Park Fire Department if sufficient inspectors are available from said department. Said appointments shall be made by the Mayor with consent of the Council, upon written recommendations from the Fire Official and the Chief of the Fire Department.
B.
All inspectors shall serve as members of the Fire Prevention Bureau for a term of one year.
A.
The Fire Official, inspectors and other employees of the Bureau shall be subject to disciplinary action or removal by the Mayor with the consent of the Council upon recommendation from the Fire Chief or the Fire Official for inefficiency, misconduct or malfeasance. The Fire Official, inspector or other employees to be disciplined, or removed, shall be afforded a hearing before the Mayor and Council.
B.
If any inspector willfully fails to conduct assigned inspections, or performs in an incompetent manner, then he or she may be subject to disciplinary action or removal from office.
All inspectors shall be provided with proper identification (badge and photo ID) which he or she will be required to wear on all assigned inspections within the Borough of Prospect Park. The badge and photo ID shall remain the property of the Borough of Prospect Park at all times.
[Amended 9-22-1997 by Ord. No. 1997-9]
To provide fire safety inspection services for all places of assembly, schools, business, multidwelling structures of three dwelling units or more and not classified as life-hazard uses as defined in the code, all owners shall be subject to the code and this article and be required to make payment of an annual inspection fee. Where multi-occupancies occur in a business use group within a single structure, each occupancy shall be considered as a separate use and require non-life-hazard use permit based upon its square footage. Places of civic nonprofit owners and structures used for religious purposes shall be exempt from inspection fees. The following annual non-life-hazard use group fee schedule shall be established:
A.
Business use group: per building, structure or premises.
(1)
Business 1, any nonresidential building, structure or premises under 1,000 square feet in gross floor area: $25.
(2)
Business 2, any nonresidential building, structure or premises with equal to, or over, 1,000 square feet and under 5,000 square feet in gross floor area: $35.
(3)
Business 3, any nonresidential building, structure or premises with equal to, or over, 5,000 square feet and under 10,000 square feet in gross floor area: $50.
(4)
Business 4, any nonresidential building, structure or premises with equal to, or over, 10,000 square feet and under 15,000 square feet in gross floor area: $75.
(5)
Business 5, any nonresidential building, structure or premises with equal to, or over, 15,000 square feet and under 20,000 square feet in gross floor area: $100.
(6)
Business 6, any nonresidential building, structure or premises with equal to, or over, 20,000 square feet in gross floor area: $200.
C.
Miscellaneous.
(1)
Hot tar kettles: $50 per job.
(2)
Drum, cylinder, or box storage. Annual permit fee for storage of flammable, readily combustible, hazardous or unstable materials in liquid, gas or solid form, as follows:
(3)
Annual permit fee for aboveground storage of flammable or combustible liquids or hazardous material. Exception: Tanks which are considered as life-hazard uses in accordance with New Jersey Fire Codes.
B.
The Bureau shall issue a certificate of smoke detector compliance, hereafter referred to as "CSDC," upon application and inspection of the premises and verification of compliance with N.J.A.C. 5:18-4.19.[3] The Bureau may accept, at its sole discretion, a certification on forms provided for by the Bureau that the owner, or an authorized agent, certifying that smoke detectors are installed throughout the premises in accordance with N.J.A.C. 5:18-4.19. Where a certification is submitted by the owner, or an authorized agent, the Bureau retains the right to inspect the premises to verify proper installation.
[3]
Editor's Note: See now N.J.A.C. 5:70-4.19.
C.
Applications for a certificate of smoke detector compliance (CSDC) and certification forms shall be made available at the Bureau.
E.
Application fees may be waived by the Bureau if a certification is submitted by the owner, or an authorized agent, in combination with an application for occupancy inspection or certificate of compliance. In lieu of an inspection by the Bureau, the Bureau may accept an inspection and/or certification by the Housing Inspector that smoke detectors are installed according with the code.
F.
Where battery-operated smoke detectors are installed, all batteries shall be changed a minimum of once per year or upon occupancy change unless otherwise recommended by the smoke detector manufacturer. It shall be the responsibility of the owner of the premises to effectuate the above.
A.
All CSDC, business use group fees and residential use group fees shall be paid directly to the Bureau of Fire Prevention of the Borough of Prospect Park within 15 calendar days after receipt of invoice or upon application for a CSDC. A certificate of inspection or CSDC shall be issued by the Bureau of Fire Prevention to the owner or agent upon a finding that no violations exist and that any outstanding violations have been abated.
B.
Failure to remit the smoke detector certification, permit and use group fees as required shall result in a penalty of an amount equal to the unpaid fee.
The following are technical amendments to the State Fire Prevention Code, N.J.A.C. 5:18-3:[1]
A.
N.J.A.C. 5:18-3.2(a)2. F-201.0 shall include the definition of a fire/smoke detector for business, commercial and industrial usage as follows: FIRE AND SMOKE DETECTORS: An agency approved device to detect the products of combustion at an early stage and provide an audible alarm upon activation and shall be connected to A/C primary power supply with battery backup.
B.
N.J.A.C. 5:18-3 shall be modified to include all business, commercial and industrial uses not otherwise required to have smoke detection devices by the code, and to have approved smoke detectors as defined in Subsection A above installed throughout the premises within 90 days after final passage of this article. Such devices shall be installed in accordance with recognized NFPA standards. Exception: Smoke detectors shall not be required in buildings equipped throughout with an automatic sprinkler system.
[1]
Editor's Note: See now N.J.A.C. 5:70-3.2.
All provisions of N.J.A.C. 5:18-2.12, 5:18-2.15, 5:18-2.16, and 5:18-2.17[1] shall apply to all buildings, structures and premises subject to the code and this article within the Borough. All penalties shall be paid directly to the Bureau by the 13th calendar day after receipt of notice of violation.
[1]
Editor's Note: See now N.J.A.C. 5:70-2.12 et seq.
[Adopted 3-23-1992 by Ord. No. 1992-6 (Ch. 44 of the 1974 Code)]
It is hereby found and determined that it is in the best interest in the safety of the residents, firefighters and the general public within the Borough of Prospect Park that all structures and premises that do not come within the authority of N.J.A.C. 5:18-2.1(b)[1] become subject to fire inspections.
[1]
Editor's Note: See now N.J.A.C. 5:70-2.1(b).
The enforcement agency of this article shall be the Bureau of Fire Prevention, hereafter referred to as the "Bureau," as established by Article I of this chapter.
A.
Section F-109.0 UNSAFE CONDITIONS, of the latest edition of the BOCA (R) National Fire Prevention Code as published by the Building Officials and Code Administrators International, Inc., hereafter known as the "BNFPC," is hereby adopted as the Fire Prevention Code for structures and premises as listed in § 194-19 of this article. A copy of said BNFPC Code is available for inspection at the offices of the Bureau and the Clerk of the Borough of Prospect Park.
Notice of violation or complaint issued by the Bureau pursuant to this article shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown, the Bureau shall affix a copy of said notice of violation or complaint in a conspicuous place on the structure or premises. If the Bureau affixes a copy of a complaint to the structure or premises then the Bureau shall file an affidavit to that effect with the Municipal Court of the Borough of Prospect Park.
A.
Any person violating or failing to comply with any provisions of this article or the BNFPC shall be issued a notice of violation and afforded a reasonable amount of time to abate cited violations, but in no case longer than 10 calendar days. If the Chief of the Bureau determines that the violations are of a hazardous or severe nature, or blatant disregard for the safety of others, he may, or cause to be made, the immediate issuance of a complaint.
B.
If cited violations have not been abated within the specified number of days, the violator shall be issued a complaint. The violator, upon conviction thereof, shall be liable to the provisions stated in Chapter 1, Article II, General Penalty.[1]
[Amended 11-13-1995 by Ord. No. 1995-6]
[1]
Editor's Note: Former Subsection C, which immediately followed this subsection, was repealed 11-13-1995 by Ord. No. 1995-6.
C.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.