[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)]
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.
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.
Pursuant to the Uniform Fire Safety Act (N.J.A.C.
5:18-2.11),[1] any person aggrieved by an order from the Bureau shall
have the right to appeal to the Construction Board of Appeals of the
County of Passaic as provided for in the code.
[1]
Editor's Note: See now N.J.A.C. 5:70-2.19.
[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).
This article, as hereby established, shall be
applicable to all new and existing structures and premises that do
not come within the authority of N.J.A.C. 5:18-2.1(b),[1] and specifically applies to one- and two-dwelling unit
owner-occupied structures.
[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.
