[HISTORY: Adopted by the Township Committee of the Township of Stillwater as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 8-1 through 8-6 of the 1971 Revised General Ordinances]
Adoption by reference. There is hereby adopted, for the purpose of providing fire protection and prevention and prescribing regulations governing conditions hazardous to life and property from fire, that certain code known as the “BOCA Basic Fire Prevention Code, 1996” issued by the Building Officials and Code Administrators International, Inc., being particularly the 1996 Edition thereof, and the whole thereof, save and except such portions as are hereinafter deleted, modified, changed or amended, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the Township. Pursuant to N.J.S.A. 40:49-5.1 et seq., the aforesaid code, which is printed in book form, is adopted by reference thereto, and a copy of the printed code plainly marked to indicate deletions, modifications, changes and amendments thereto as hereinafter shown is annexed to this article and shall be a part of it as if fully as though it had been set forth at length herein.
[Amended 5-5-1981 by Ord. No. 81-4; 4-1-2008 by Ord. No. 2008-3]
Public record. Three copies of the printed code have been placed on file in the office of the Township Clerk for the use and examination of the public.
Amendments to code. The aforesaid code is amended and changed in the following respects:
Whenever the word "municipality" is used in the code, it shall mean the Township of Stillwater.
Enforcement by Bureaus of Fire Prevention.
A Bureau of Fire Prevention is hereby established in both of the two voluntary Fire Departments in the Township. It shall be the function and duty of each Bureau to enforce the Fire Prevention Code in that area of the Township in which its voluntary Fire Department has primary jurisdiction, and each Bureau shall be operated under the general supervision of its department's Fire Chief.
A Director of each Bureau of Fire Prevention shall be appointed by the respective Fire Chiefs, and such appointments shall be subject to approval by the Township Committee. Upon approval, such appointments shall continue during good behavior and satisfactory service. No Director shall be removed from office except for cause after public hearings.
The Chiefs of both voluntary Fire Departments may detail such members of their respective departments as inspectors as shall from time to time be necessary. The Chiefs of both voluntary Fire Departments may recommend to the Township Committee the employment of technical inspectors who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of both voluntary Fire Departments and appointments made after examination shall be for an indefinite term with removal only for cause.
Both Fire Prevention Bureaus shall make and transmit annual reports to the Township Committee; they shall contain all the proceedings under this code with such statistics as the Chiefs of both voluntary Fire Departments may wish to include therein. The Chiefs of both voluntary Fire Departments may also recommend any amendments to the code which in their respective judgments shall be desirable.
Modification of code. Both Directors of the Bureaus of Fire Prevention shall have the power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code is observed, public safety secured and substantial justice done. Particulars of such modification when granted or allowed and the decision of the head of the particular Bureau of Fire Prevention involved shall be entered upon the records of that Department, and a signed copy shall be furnished to the applicant.
Whenever the Chief of either voluntary fire department disapproves an application or refuses to grant the permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of that Fire Department to the Township committee within 30 days from the date of the decision appealed.
The limits referred to in Section 16.61 of the Fire Prevention Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as the entire Township.
The limits referred to in Section 12-5b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as the entire Township.
The limits referred to in Section 21-6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as the entire Township.
The Committeeman designated by the Township Committee for purposes of liaison with the volunteer fire companies in the Township, both Chiefs of the two volunteer fire departments and the heads of the two Bureaus of Fire Prevention shall act as a committee to determine and list, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which require permits, in addition to those now enumerated in the code. The heads of the two Bureaus of Fire Prevention shall post such list in a conspicuous place in their respective offices and distribute copies thereof to interested persons.
[Adopted 6-17-2014 by Ord. No. 2014-11]
Editor's Note: This ordinance also repealed former Art. II, Uniform Fire Code, adopted 8-6-1985 by Ord. No. 85-10 (§ 8-7 of the 1971 Revised General Ordinances), as amended.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), N.J.S.A. 52:27D-202, the New Jersey Uniform Code shall be enforced by the County of Sussex.
The local enforcing agency shall be the County of Sussex.
The Sussex County Fire Marshall shall enforce the Uniform Fire Safety Act and the codes and regulations adopted thereunder in all buildings, structures and premises within the established boundaries of the Township of Stillwater covered by the Act and the codes and regulations and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the New Jersey Uniform Fire Code.
The Sussex County Fire Marshall shall conduct all life-hazard and non-life-hazard building inspections. The Sussex County Fire Marshall shall carry out the periodic inspection of life-hazard uses or whenever conditions which constitute an imminent hazard are found to exist as required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-206 and 52:27D-208, any person aggrieved by any order of the Sussex County Fire Marshall shall have the right to appeal to the Construction Board of Appeals of Sussex County. The appeal shall be filed with the Construction Board of Appeals by the 15th day after the receipt by the person of notice of the ruling, action, order or notice complained of.
The permit fees will be established by the County of Sussex.
Fire incident reports shall be made available to interested parties after such parties make a request, in writing, to the Sussex County Fire Marshall for such reports.
The Sussex County Fire Marshall shall maintain all records of its activities on file.
Violations and penalties shall be as prescribed by N.J.S.A. 52:27D-207 through 52:27D-211 and as set forth in the New Jersey Administrative Code pursuant to duly adopted regulations by the Department of Community Affairs.