[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 5-13-2003 by Ord. No. 03-08. This ordinance also
repealed former Art. I, General Provisions, adopted 8-14-1979 by Ord. No.
79-6, and former Art. II, Smoke Alarms, adopted 8-13-1991 by Ord. No.
91-7. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes - See Ch.
56.
Unfit dwellings — See Ch.
68.
Housing standards — See Ch.
84.
[Amended 3-25-2014 by Ord. No. 14-05]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.)
shall be locally enforced in the Town of Clinton.
The local enforcing agency shall be the Town
of Clinton Department of Fire Prevention, which is hereby created.
The Town of Clinton Department of Fire Prevention shall hereinafter
be known as the "local enforcing agency."
A. The local enforcing agency shall enforce the Uniform
Fire Code in all buildings, structures, and premises within the established
boundaries of the Town of Clinton other than owner-occupied one- and
two-family dwelling units used exclusively for dwelling purposes and
buildings, structures, and premises owned by the federal government,
interstate agencies, the state or the county.
B. The local enforcing agency shall faithfully comply
with all the pertinent requirements of the Uniform Fire Safety Act
and the Uniform Fire Code.
C. The local enforcing agency shall carry out inspections for compliance
with the Uniform Fire Code on all non-life-hazard use buildings, structures
or premises at least once every 24 months.
[Amended 3-25-2014 by Ord. No. 14-05]
D. The Fire Official shall report to the appropriate
officials any construction code or zoning violations that are observed
during inspections.
A. There shall be a department known as the "Town of
Clinton Department of Fire Prevention." The head of the department
shall be the Fire Official who shall be appointed by the Mayor and
Council and shall report to the Public Works Business Administrator.
B. The head of the Town of Clinton Department of Fire Prevention shall
be certified by the State of New Jersey, Department of Community Affairs,
Division of Fire Safety, as a Fire Official.
[Amended 3-25-2014 by Ord. No. 14-05]
A. Appointment and qualifications of the Fire Official. There is hereby
created the position of Fire Official. The Fire Official shall be
certified by the State of New Jersey, Department of Community Affairs,
Division of Fire Safety, and appointed by the Mayor and Council. Prior
to the appointment of the Fire Official, the name of the candidate
shall be submitted to the Clinton Fire Department for comment. The
failure to submit the name shall not prevent the appointment of the
Fire Official.
[Amended 3-25-2014 by Ord. No. 14-05]
B. Appointment and qualifications of fire inspectors and other employees.
The Mayor and Council, upon recommendation of the Fire Official, may
appoint inspectors and other employees that may be needed to assist
in the daily operation of the local enforcing agency. All fire inspectors
shall be certified by the State of New Jersey, Department of Community
Affairs, Division of Fire Safety.
[Amended 3-25-2014 by Ord. No. 14-05]
C. Appointment of legal Counsel. The municipal attorney shall provide
legal services to assist the Town of Clinton Department of Fire Prevention
in enforcing the Uniform Fire Code.
[Amended 3-25-2014 by Ord. No. 14-05]
D. Term of office. The Fire Official shall serve for
a term of one year. Any vacancy shall be filled for the unexpired
term.
E. Removal from office. During their term of office,
the Fire Official, inspectors and any other employees of the Town
of Clinton Department of Fire Prevention shall be subject to removal
by the Mayor and Council for good cause.
The Town of Clinton Department of Fire Prevention
shall carry out the periodic inspections of life-hazard uses required
by the Uniform Fire Code on behalf of the Commissioner of the New
Jersey Department of Community Affairs.
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
CERTIFICATE OF INSPECTION
A certificate issued by the Fire Official in a format authorized
by the State of New Jersey, Division of Fire Safety, whereby indicating
that the listed structure, use or business has no existing Uniform
Fire Code violations and no outstanding fees or penalties at the time
of issuance. [See N.J.A.C. 5:71-3.7(b)11.]
[Added 3-25-2014 by Ord. No. 14-05]
LOCAL REGISTRATION
To file with the local enforcing agency on a form provided
by same agency the necessary information to determine the owner, addresses,
contact telephone numbers, use group, square footage and any other
necessary information as determined by the Fire Official for each
business that is a non-life-hazard use for the purposes of developing
and maintaining a file in the local enforcing agency office.
NON-LIFE HAZARD USE
A structure that is not required to be registered with the
State of New Jersey Division of Fire Safety as required by the Uniform
Fire Code.
STRUCTURE
A building that can be occupied or inhabited by a person
or persons whether for dwelling purposes or business purposes.
SQUARE FEET
The total area of all floors or stories of a structure for
the purposes of determining the area of a structure for registration
purposes.
TOWN
The Town of Clinton.
USE GROUP
A designation of the intended or actual use of a structure
for the purposes of establishing a registration fee as defined in
N.J.A.C. 5:70-1.5. A copy of N.J.A.C. 5:70-1.5 shall be maintained
by the Town Clerk.
B. Registration: use of structure. Other than those uses
where registration is required by the Uniform Fire Code, the following
non-life-hazard uses shall complete a local registration with the
local enforcing agency. These uses shall be inspected at least once
every 24 months. The inspections shall be completed such that all
registered non-life-hazard uses are inspected within a twenty-four-month
period. Each registered non-life-hazard use shall and pay an annual
registration fee as follows:
[Amended 3-25-2014 by Ord. No. 14-05]
|
Use Group Designation
|
Number of Dwelling Units
|
Area
(square feet)
|
Fee
|
---|
|
A
|
------
|
Under 1,000
|
$35
|
|
|
------
|
1,001 to 5,000
|
$60
|
|
|
------
|
5,001 to 10,000
|
$85
|
|
|
------
|
Greater than 10,000
|
$155
|
|
|
|
|
|
|
B
|
------
|
Under 2,500
|
$35
|
|
|
------
|
2,501 to 5,000
|
$60
|
|
|
------
|
5,001 to 10,000
|
$85
|
|
|
------
|
10,001 to 15,000
|
$115
|
|
|
------
|
Greater than 15,000
|
$150
|
|
|
|
|
|
|
E
|
------
|
Under 2,000
|
$50
|
|
|
------
|
2,001 to 5,000
|
$85
|
|
|
------
|
5,001 to 10,000
|
$125
|
|
|
------
|
Greater than 10,000
|
$150
|
|
|
|
|
|
|
F
|
------
|
Under 1,500
|
$35
|
|
|
------
|
1,501 to 3,000
|
$55
|
|
|
------
|
3,001 to 5,000
|
$85
|
|
|
------
|
5,001 to 7,500
|
$115
|
|
|
------
|
7,501 to 10,000
|
$145
|
|
|
------
|
10,001 to 11,999
|
$175
|
|
|
|
|
|
|
H
|
------
|
Under 1,000
|
$55
|
|
|
------
|
1,001 to 2,500
|
$95
|
|
|
------
|
2,501 to 5,000
|
$155
|
|
|
------
|
Greater than 5,001
|
$215
|
|
|
|
|
|
|
I
|
------
|
Under 1,500
|
$35
|
|
|
------
|
1,501 to 3,000
|
$55
|
|
|
------
|
3,001 to 5,000
|
$85
|
|
|
------
|
Greater than 5,001
|
$115
|
|
|
|
|
|
|
M
|
------
|
Under 1,500
|
$50
|
|
|
------
|
1,501 to 2,500
|
$75
|
|
|
------
|
2,501 to 5,000
|
$110
|
|
|
------
|
5,001 to 7,500
|
$140
|
|
|
------
|
7,501 to 10,000
|
$160
|
|
|
------
|
10,001 to 11,999
|
$180
|
|
|
|
|
|
|
R
|
3 to 5
|
------
|
$40
|
|
|
6 to 20
|
------
|
$65
|
|
|
21 to 40
|
------
|
$90
|
|
|
41 to 60
|
------
|
$125
|
|
|
Greater than 60
|
------
|
$160
|
|
|
|
|
|
|
S
|
------
|
Under 1,500
|
$45
|
|
|
------
|
1,501 to 3,000
|
$65
|
|
|
------
|
3,001 to 5,000
|
$95
|
|
|
------
|
5,001 to 7,500
|
$125
|
|
|
------
|
7,501 to 10,000
|
$155
|
|
|
------
|
10,001 to 11,999
|
$185
|
C. If a structure falls into more than one of the above
group descriptions, then the primary use of the structure shall determine
the main use of the structure, as determined by the Fire Official.
A. The fee for an application for a permit required by
the Uniform Fire Code shall be as established by the Uniform Fire
Code.
B. The fee for the issuance of a certificate of Fire
Code status shall be $25 payable to the Town.
C. The application fee for a certificate of smoke detector
and carbon monoxide compliance shall be as established by the Uniform
Fire Code.
D. The fee for an application for a variance as indicated
by the Uniform Fire Code, N.J.A.C. 5:70-2.14, shall be $50 payable
to the Town.
E. A copy of a fire investigation report from the local
enforcing agency shall be obtained through the Town Clerk in accordance
with law.
F. To the extent permitted by law, there shall be no
fee charged to the Town, the Clinton Fire Department and the Clinton
First Aid Squad for any inspections made pursuant to the chapter.
G. To the extent permitted by law, the maximum registration fee charged to any non-life-hazard use not-for-profit corporation which has received tax exempt status pursuant to Sections 501(c) (3) and (4) of the Internal Revenue Code shall be $35. A copy of the tax exemption status shall be submitted to the Town upon request. Failure to submit the tax exemption status shall subject the structure, use or business to the full fee established within §
77-7B.
[Added 3-14-2006 by Ord. No. 06-04; amended 3-25-2014 by Ord. No.
14-05]
H. Each life hazard use and non-life-hazard use shall post the certificate
of inspection issued by the Fire Official in a conspicuous location
within the structure, use or business. It shall be a violation of
this chapter for failure to post the certificate of inspection.
[Added 3-25-2014 by Ord. No. 14-05]
[Amended 3-25-2014 by Ord. No. 14-05]
The technical standards set forth in N.J.A.C. 5:70-3.2(a), are
hereby amended as follows:
A. Section 503.4 shall be amended as follows: Add "No motorized or nonmotorized
vehicle shall be placed within a posted or designated fire lane or
fire zone."
B. Section 508.5.4 shall be amended to add "No obstructions such as
but not limited to trash, rubbish, refuse, motorized or non-motorized
vehicles, vegetation or debris shall be placed or stored within 10
feet of any fire hydrant."
C. Section 508.5.5 shall be amended as follows: delete "3" and replace
with "10."
D. Section 912.2.2 shall be amended as follows: Add "all fire department
connections or" after "existing buildings," in the first sentence;
add "Additionally, there shall be a white reflective background and
all lettering shall be red in color with a minimum of a one-inch-wide
stroke." after "indicate the location." in the second sentence; add
"and shall be maintained visible and legible at all times." after
"fire code official" in the last sentence.
E. Section 912.4 shall be amended as follows: Add "Additionally, all
Fire Department connections shall have a sign mounted above or immediately
next to the Fire Department connection. Such signs shall have the
letters "FDC" at least six inches (152 mm) high with each letter having
a minimum of a one-inch (25 mm) stroke. The letters shall be red in
color on a white reflective background. All such signs shall be subject
to the approval of the Fire Code Official and shall be maintained
visible and legible at all times."
[Amended 3-25-2014 by Ord. No. 14-05]
Any person aggrieved by any action of the Town of Clinton Department
of Fire Prevention shall have the right to appeal to the Hunterdon
County Construction Board of Appeals in accordance with the procedures
set forth in the Uniform Fire Safety Act.
Enforcement violations and penalties shall be
managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State
of New Jersey.
The following ordinances or portions thereof
are hereby repealed: Ord. Nos. 79-6, 85-4 and 91-7.
This ordinance shall be effective upon passage
and publication as required by law.